MOHAMMAD S.A. and Stéphanie P. v. Prosecutor General - 2007/AR/1702 - Gent, 22 May 2008
Details of the court
Belgium, Second Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 1
SubParagraph a
Article 3
Paragraph 1
SubParagraph a
Indent 1
Paragraph 1
SubParagraph a
Indent 2
Paragraph 1
SubParagraph a
Indent 3
Paragraph 1
SubParagraph a
Indent 4
Paragraph 1
SubParagraph a
Indent 5
Paragraph 1
SubParagraph a
Indent 6
Date of the judgement
21 May 2008
Appeal history
None
CJEU's case law cited by the court
None
Summary
Mr. Mohammad S.A. (of Pakistani nationality) and Mrs. Stéphanie P. (of French nationality) married in Stockholm on 15 March 2006. The marriage between appellants was mainly signed in order for one of them to obtain a residence permit in Belgium. The Court of First Instance in Ieper has annulled this marriage. The spouses appealed against this decision. According to Article 1(a) and 3(1)(a) of the Brussels II bis Regulation, the Belgian courts have jurisdiction to annul the marriage. The fact that the marriage was concluded in Sweden does not entail that the Belgian courts can’t annul the marriage. The Court of Appeal dismisses the appeal and thereby confirms the annulment.
Short critique
The court correctly applies Brussels IIa to proceedings for marriage annulment. The proceedings for marriage annulment were initiated by the public prosecutor. The Court of Appeal says that it withholds jurisdiction on the basis of Art. 3(1)(a) Brussels IIa – but it fails to mention on the basis of which indent. Probably the at least one of the spouses is habitually resident in Belgium, so that the first and/or second indents of Art. 3(1)(a) are applicable.