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Document 62020CN0522

Case C-522/20: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 19 October 2020 — OE v VY

OJ C 35, 1.2.2021, p. 24–25 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

1.2.2021   

EN

Official Journal of the European Union

C 35/24

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 19 October 2020 — OE v VY

(Case C-522/20)

(2021/C 35/36)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: OE

Defendant: VY

Questions referred

1.

Does the sixth indent of Article 3(1)(a) of Council Regulation (EC) No 2201/2003 (1) of 27 November 2003 infringe the prohibition of discrimination in Article 18 TFEU on the ground that it provides, as a precondition to the jurisdiction of the courts of the State of residence, depending on the nationality of the applicant, for a shorter period of residence than the fifth indent of Article 3(1)(a) of Council Regulation (EC) No 2201/2003 of 27 November 2003?

2.

If the answer to Question 1 is in the affirmative:

Does that infringement of the prohibition of discrimination mean that, based on the fundamental rule laid down in the fifth indent of Article 3(1)(a) of Council Regulation (EC) No 2201/2003 of 27 November 2003, a period of residence of 12 months is required for all applicants, irrespective of their nationality, in order to rely upon the jurisdiction of the courts in the place of residence or is it to be assumed that a period of 6 months’ residence is the precondition for all applicants?

(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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