CELEX: 62019CN0249
Language: en
Date: 2019-03-25 00:00:00
Title: Case C-249/19: Request for a preliminary ruling from the Tribunalul București (Romania) lodged on 25 March 2019 — JE v KF

17.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 206/28
            
         
      Request for a preliminary ruling from the Tribunalul București (Romania) lodged on 25 March 2019 — JE v KF
      (Case C-249/19)
      (2019/C 206/32)
      Language of the case: Romanian
      
         Referring court
      
      Tribunalul București
      
         Parties to the main proceedings
      
      
         Appellant: JE
      
         Rrespondent: KF
      
         Question referred
      
      On a proper construction of Article 10 of Regulation No 1259/2010, (1) under which ‘[w]here the law applicable pursuant to Article 5 or Article 8 makes no provision for divorce or does not grant one of the spouses equal access to divorce or legal separation on grounds of their sex, the law of the forum shall apply’, is the expression ‘the law applicable pursuant to Article 5 or Article 8 makes no provision for divorce’ to be interpreted in a strict, literal manner, that it is to say only in respect of a situation where the foreign law applicable makes no provision for any form of divorce, or (b) more broadly, as also including a situation where the foreign law applicable permits divorce, but does so in extremely limited circumstances, involving an obligatory legal separation procedure prior to divorce, in respect of which the law of the forum contains no equivalent procedural provisions?
      
         (1)  Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (OJ 2010 L 343, p. 10).