Grounds of jurisdiction based on habitual residence
Article 3. 1 (a) contains grounds of jurisdiction based on the habitual residence of one or both spouses. The notion of habitual residence should be given an autonomous interpretation. The ECJ dealt with the notion in connection to the jurisdiction rule on parental responsibility established in Article 8 of the Regulation. According to the ruling in case C-523/07 habitual residence corresponds to the place which reflects some degree of integration in a social and family environment. It is for the national court to establish the habitual residence, taking account of all the circumstances specific to each individual case.
The grounds of jurisdiction based on habitual residence are:
- the habitual residence of the spouses
- the last habitual residence of the spouses insofar as one of them still resides there
- the habitual residence of the respondent
- in the event of a joint application the habitual residence of either spouse
- the habitual residence of the applicant if he or she resided there for at least a year immediately before the application was made
- the habitual residence of the applicant if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the United Kingdom and Ireland, has his or her ‘domicile’ there