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Document 62008CN0168

Case C-168/08: Reference for a preliminary ruling from the Cour de cassation (France) lodged on 21 April 2008 — Iaszlo Hadadi (Hadady) v Csilla Marta Mesko, married name Hadadi (Hadady)

OJ C 158, 21.6.2008, p. 13–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

21.6.2008   

EN

Official Journal of the European Union

C 158/13

Reference for a preliminary ruling from the Cour de cassation (France) lodged on 21 April 2008 — Iaszlo Hadadi (Hadady) v Csilla Marta Mesko, married name Hadadi (Hadady)

(Case C-168/08)

(2008/C 158/20)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: Laszlo Hadadi (Hadady)

Defendant: Csilla Marta Mesko, married name Hadadi (Hadady)

Questions referred

1.

Is Article 3(1)(b) [of Regulation No 2201/2003] (1) to be interpreted as meaning that, in a situation where the spouses hold both the nationality of the State of the court seised and the nationality of another Member State of the European Union, the nationality of the State of the court seised must prevail?

2.

If the answer to Question 1 is in the negative, is that provision to be interpreted as referring, in a situation where the spouses each hold dual nationality of the same two Member States, to the more dominant of the two nationalities?

3.

If the answer to Question 2 is in the negative, should it therefore be considered that that provision offers the spouses an additional option, allowing those spouses the choice of seising the courts of either of the two States of which they both hold the nationality?

(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).

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