Soha Sahyouni v. Raja Mamisch, Case C-281/15, CGEU, 16 June 2016

Manifest lack of jurisdiction of the Court of Justice of the European Union in relation to the recognition of a divorce decree issued by a religious authority in a third State. 

 

Regulation (EU) no. 1259/2010 on Judicial cooperation in civil matters

1. It is Regulation No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility that sets out the provisions relating to the recognition and enforcement of judgments in matrimonial matters. However, it does not apply to divorce judgments pronounced by a religious body in a third State. Therefore, the recognition of a divorce decree issued in a third State is not covered by Union law. 

2. Where no legal act of the European Union is applicable to the dispute in the main proceedings, recourse may be had to the interpretation of provisions of European Union law if certain provisions are referred to in order to ensure fair and balanced treatment of the case. It is therefore for the Court to determine whether there are sufficiently precise indications to enable it to establish such a reference to European Union law.