Case law Brussels II Regulation (2201/2003)

Article 64 of the Brussels II Regulation

ECJ 16 July 2009 ‘Hadadi v Mesko’ (Case C-168/08, ECR 2009 Page I-06871)

1. Where the court of the Member State addressed must verify, pursuant to Article 64(4) of the Brussels II Regulation (No 2201/2003) , whether the court of the Member State of origin of a judgment would have had jurisdiction under Article 3(1)(b) of that Regulation, the latter provision precludes the court of the Member State addressed from regarding spouses who each hold the nationality both of that State and of the Member State of origin as nationals only of the Member State addressed. That court must, on the contrary, take into account the fact that the spouses also hold the nationality of the Member State of origin and that, therefore, the courts of the latter could have had jurisdiction to hear the case.

2. Where spouses each hold the nationality of the same two Member States, Article 3(1)(b) of the Brussels II Regulation precludes the jurisdiction of the courts of one of those Member States from being rejected on the ground that the applicant does not put forward other links with that State. On the contrary, the courts of those Member States of which the spouses hold the nationality have jurisdiction under that provision and the spouses may seise the court of the Member State of their choice.

ECJ 27 November 2007 ‘Nordic States’ (Case C-435/06)

Subject to the factual assessment which is a matter for the national court alone, the Brussels II Regulation (No 2201/2003) is to be interpreted as applying ratione temporis in a case such as that in the main proceedings. It is clear from Articles 64(1) and 72 of that Regulation that it applies only to legal proceedings instituted, to documents formally drawn up or registered as authentic instruments and to agreements concluded between the parties after 1 March 2005. Moreover, Article 64(2) of that Regulation provides that judgments given after the date of application of this Regulation in proceedings instituted before that date but after the date of entry into force of Regulation No 1347/2000 shall be recognised and enforced in accordance with the provisions of Chapter III of this Regulation if jurisdiction was founded on rules which accorded with those provided for either in Chapter II or in Regulation No 1347/2000 or in a convention concluded between the Member State of origin and the Member State addressed which was in force when the proceedings were instituted. In a case such as that in the main proceedings, the Brussels II Regulation (No 2201/2003) applies only if the three cumulative conditions listed in the preceding paragraph of this judgment are fulfilled.