Judgment of the Court (First Chamber) of 20 December 2017 (request for a preliminary ruling from the Oberlandesgericht München — Germany) — Soha Sahyouni v Raja Mamisch
(Case C-372/16) 1
(Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1259/2010 — Enhanced cooperation in the area of the law applicable to divorce and legal separation — Recognition of a private divorce obtained before a religious court in a third country — Scope of that regulation)
Language of the case: German
Referring court
Oberlandesgericht München
Parties to the main proceedings
Applicant: Soha Sahyouni
Defendant: Raja Mamisch
Operative part of the judgment
Article 1 of Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation must be interpreted as meaning that a divorce resulting from a unilateral declaration made by one of the spouses before a religious court, such as that at issue in the main proceedings, does not come within the substantive scope of that regulation.
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1 OJ C 343, 19.9.2016.