Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 July 2022 — BM v LO

(Case C-462/22)

(2022/C 359/59)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant: BM

Respondent in the appeal on a point of law: LO

Question referred

Does the waiting period of one year or six months under the fifth and sixth indents, respectively, of Article 3(1)(a) of Regulation (EC) No 2201/2003 (1) begin to run with respect to the applicant only upon establishment of his or her habitual residence in the Member State of the court seised, or is it sufficient if, at the beginning of the relevant waiting period, the applicant initially has mere de facto residence in the Member State of the court seised, and his or her residence becomes established as habitual residence only subsequently, in the period before the application was made?

(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 (OJ 2003 L 338, p. 1).