Forystek & Partners - Attorneys and legal advisers

Victory in precedent case at Court of Justice of the European Union

13 October 2016

We are satisfied, that we may inform about favourable verdict of Court of Justice of the European Union in Luxemburg, which obtained by our Law Firm for Client.

In precedent case of annulment of marriage, the Appeal Court decided to direct to legal inquiry in preliminary ruling procedure to Court of Justice of the European Union as a result of raising doubts by our Law Firm.
In this case appearing a essential interpretation doubts refered to range of normalize provisions of regulation of Council of the EU no. 2201/2003 dated of 27 November 2003. This regulation refered jurisdiction, recognition and enforcement of judgments in case of marriage and parental responsibility cases. The doubts refered to competence of a court in case of annulment of marriage, in situation when both of spouses not dead, while a demanding entity of the annulment of the marriage is existing in an EU country other, than the last place of residence of the spouses.
The Court of Justice of the European Union shared the argumentation raising by our Law Firm, that case of annulment of marriage must be institute in the country last joint residence of the spouses, or at least one of them to ensure correct decision. The case conducted by Krzysztof JAMROZIK attornet-at-law and Józef FORYSTEK attorney-at-law.
Jurisdiction Court of Justice of the European Union in Luxemburg dated on 13 October 2016 in case of C-294/15
http://www.rp.pl/Rodzina/310139932-Wlasciwosc-sadu-przy-uniewaznieniu-malzenstwa-po-smierci-jednego-z-malzonkow.html#ap-1