Mrs. T. applies for a divorce. Pursuant to Art. 17 Brussels IIa, the Court shall examine its jurisdiction of its own motion. Mrs. T. is from Cameroun while Mr. D. has Belgian nationality. The respondent is habitually resident in Belgium so that the Belgian courts have jurisdiction.
SHORT CRITIQUE
This is a correct application of the Brussels IIa Regulation, although we notice two things:
- The court does not examine whether the respondent is actually habitually resident in Belgium, but states is as a fact.
- The court does not refer to the precise indent of art. 3(1)(a) on which it bases its jurisdiction.