Višje sodišče v Mariboru; 2019-04-16; III Cp 343/2019
Decision by national courts in the field of European Union law — ECLI:SI:VSMB:2019:III.CP.343.2019
Date: 2019-04-16
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82019SI0416(52)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Višje sodišče v Mariboru (hereinafter ‘the Court of Appeal’), concerned the jurisdiction of Slovenian courts in divorce proceedings with an international element.
The Court of First Instance dismissed the plaintiff’s application for divorce on the ground that it lacked jurisdiction. It relied on Article 3 of the new Brussels II Regulation (1), interpreting it as requiring the cumulative fulfilment of all conditions set out therein, which were not met in the present case.
The plaintiff appealed, arguing that the Court of First Instance had misapplied the Regulation and that, under such interpretation, he would be unable to obtain a divorce in any jurisdiction.
The Court of Appeal agreed that the case involved an international element, as both spouses were Slovenian nationals residing abroad — the plaintiff in Switzerland and the defendant and their minor child in Germany. However, it held that the Court of First Instance had misinterpreted Article 3 of the new Brussels II Regulation. Article 3 provides several alternative jurisdictional bases, none of which take precedence over the others, and it does not require the simultaneous fulfilment of multiple criteria.
Under Article 3(b), the courts of the Member State of which both spouses are nationals have jurisdiction in matters relating to divorce. Since both parties are Slovenian citizens, Slovenian courts have jurisdiction to hear the case. The Court of First Instance, therefore, erred in dismissing the application.
Accordingly, the Court of Appeal upheld the appeal, set aside the decision of the Court of First Instance, and remitted the case for reconsideration.
(1) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.