There are different issues related with matrimonial matters: the dissolution of the Marriage Bond and other issues that may affect the parental, property and/or economic responsibility of spouses or children.
When the matter involves a member couples with different nationalities, the process can be complicated, especially as regards determining which Court will be competent to hear these issues.
Common nationality may operate as a criterion for determining jurisdiction, but it is not sufficient, since it does not allow to specify territorially which court is competent in many cases, either because the members of the couple have different nationalities, or reside in a different country.
In Europe we have several Regulations that determine the jurisdiction of the Courts based on the issues that are addressed in the proceedings. A recent decision of the Court of Justice of the European Union (ECJ) clarifies the application of these rules.
This decision emphasizes that the internal procedural rules of the States are subject to European competition rules and that a Court will have jurisdiction only if it has jurisdiction to rule on the substance of the case, in accordance with those European rules.
It refers to Regulation 2201/2003 which establishes the competence of the European Courts in matters of marriage and matters of parental responsibility and applies to all European citizens and non-Europeans residing in Europe.
This Regulation lays down rules governing jurisdiction, recognition and enforcement in the following matters:
1. divorce, judicial separation or marriage annulment.
2. matters of parental responsibility: right of custody and access guardianship, guardianship and similar institutions, designation and functions of person or body responsible for dealing with the child or his property, representing him and providing assistance, acceptance of the child, measures of protection of the child linked to the administration, conservation or disposition of his property.
