Июл 21

At the hearing of isch, the German and Hungarian Governments and the Commission presented oral argument

Japan Cupid reviews Комментарии к записи At the hearing of isch, the German and Hungarian Governments and the Commission presented oral argument отключены

At the hearing of isch, the German and Hungarian Governments and the Commission presented oral argument

If the answer to [the first question] is in the affirmative: In applying Regulation [No ] [when examining] Article 10 thereof in cases of private divorce,

is account to be taken in the abstract of a comparison showing that, while the law pursuant to Article 8 grants access to divorce to the other spouse too, that divorce is, on account of the other spouse’s sex, subject to procedural and substantive conditions different from those applicable to access for the first spouse, or

does the applicability of that rule depend on whether the application of the foreign law, which is discriminatory in the abstract, also discriminates in the particular case in question?

If the answer to [the second part of the second question] is in the affirmative: Does the fact that the spouse discriminated against consents to the divorce — including by duly accepting compensation — itself constitute a ground for not applying that rule?’

In the present proceedings, written observations have been lodged by the German, Belgian, French, Hungarian and Portuguese Governments, and by japan cupid the European Commission

Given the objections raised in this regard, it is necessary, before analysing the questions put to the Court, to examine whether the latter has jurisdiction to answer them in the present proceedings, contrary to the ruling given in this regard in relation to the previous request for a preliminary ruling made by the referring court in the course of the same dispute in the main proceedings.

Accordingly, the Court is required to ascertain whether there are sufficiently precise indications to enable that reference to EU law to be established, in the light of the information provided in that regard in the request for a preliminary ruling

I should say at the outset that, in my view, the Court has sufficient information to rule on the questions which have been submitted to it in the present proceedings, in accordance with its case-law to the effect that its own jurisdiction may be based on the fact that the provisions of EU law whose interpretation is sought are made applicable to the dispute in the main proceedings by national law. Continue reading »

written by martin