Krajský súd Bratislava; 2014-01-13; 11CoP/326/2013
Decision by national courts in the field of European Union law — ECLI:SK:KSBA:2014:1213205386.1
Date: 2014-01-13
Subject matter: Judicial cooperation in civil matters
Origin: Slovakia

82014SK0113(51)_ENG_SUMJURE
JURE summary
JURE summary
This case concerns a nullification, by the Krajský súd Bratislava (hereinafter ‘the Court of Appeal’), of a decision of the Okresný súd Bratislava II (hereinafter ‘Court of First Instance’) which declared its non-competence in a matter of divorce proceedings.
The Court of First Instance concluded that it does not have the jurisdiction to decide on the issue since Slovak family law makes it obligatory to merge divorce proceedings with the proceedings of parental responsibility of the divorcing spouses. The Court of First Instance was therefore of the opinion that in a situation where it did not have jurisdiction, under the new Brussels II Regulation (1), in matters of parental responsibility, it cannot rule on the divorce as well.
With regard to the new Brussels II Regulation, the Court of Appeal pointed out that the regulation prevails the provision of Slovak law, which makes it obligatory to merge divorce proceedings with the proceedings of parental responsibility of the divorcing spouses. According to the new Brussels II Regulation, it is a possibility, not the obligation, to merge the divorce proceedings and proceedings of parental responsibility.
With these recommendations, the Court of Appeal referred the case back to the Court of First Instance for further proceedings.
(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.