PIL instrument(s)

Case number and/or case name

E. v M. - Brussels, 9 February 2012

Details of the court

Belgium, Second Instance

Articles referred to by the court

Date of the judgement

08 February 2012

Appeal history

CJEU's case law cited by the court

Summary

Mrs. H. M. is Belgian, Mr. A. E. has Moroccan nationality. Mr. E. arrived in Belgium in 2005 and received an order to leave Belgian territory multiple times, but did not obey this order. The parties (who are cousins) married on 10 November 2007 in Molenbeek-Saint-Jean, Belgium. Mr. E. was registered at the domicile of his spouse and her parents on 19 February 2008. On 1 December 2008 the parties signed a lease for an apartment in Anderlecht, Belgium. The parties returned to Morocco in March 2009. Mrs. M. stayed behind with the parents of Mr. E. while he returned to Belgium. The parties were never reunited. Mr. E. left the matrimonial home on 28 December 2009 and since 17 March 2010 the couple officially reside at separate addresses. On 15 March 2010, Mrs. M. filed an application for divorce with the Brussels Court of First Instance, a divorce which was granted on 3 December 2010. Mr. E. appealed this decision. The international jurisdiction of the Belgian courts is not disputed by the parties (cf. Art. 3 Brussels IIa Regulation). The validity requirements of the marriage are governed by different laws, Belgian law being applicable to Mrs. M. and Moroccan law to Mr. E. SHORT CRITIQUE The court correctly applies the Brussels IIa Regulation to a claim for marriage annulment. The court does not specify on which subparagraph and indent of Art. 3 Brussels IIa its jurisdiction is based. In this case, it seems that the first, second, third, fifth and sixth indents of Art. 3(1)(a) could all apply.