Opinion of Advocate General: recognise only one place of habitual residence for each spouse under Article 3 BIIR

In IB v FA (Case C-289/20) EU:C:2021:561, Advocate General Campos Sanchez-Bordona opines that when considering divorce jurisdiction under Article 3 of Brussels II Revised (BIIR), if a spouse divides their time between two member states, only one place of habitual residence should be recognised. However, where it is “absolutely impossible” to identify one member state of habitual residence under Article 3, jurisdiction should be determined under rules of residual jurisdiction (Article 7).

Leave a Reply

Your email address will not be published. Required fields are marked *