Is nationality a discriminatory criterion in determining international jurisdiction in marital crises? Regarding the STJUE of February 10, 2022, case C-522/20, OE and VY

Abstract

For the first time, the CJEU has been asked whether the use of the criterion of the nationality of one of the spouses in a Member State to require a shorter period of habitual residence in that Member State when determining a criterion of international jurisdiction in matrimonial crises can be discriminatory, since in another forum, if one is not a national of that State, a longer period of residence is required. The CJEU considers that this distinction is not discriminatory, since it contemplates different realities. In the case of combining nationality and residence, the foreseeability and expectations of the parties make it possible to demand a different period of residence.