Request for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 29 January 2024 - DL v PQ
(Case C-61/24, Lindenbaumer) 1
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Defendant and appellant in the appeal on a point of law: DL
Applicant and respondent in the appeal on a point of law: PQ
Question referred
Which criteria should be used to determine where the spouses are habitually resident within the meaning of Article 8(a) and (b) of the Rome III Regulation? 1 In particular:
does a posting as a diplomat affect or even preclude the assumption of habitual residence in the receiving State?
must the physical presence of the spouses in a State be of a certain duration before it can be assumed that habitual residence had been established there?
does the establishment of habitual residence require a certain degree of social and family integration in the State in question?
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1 The present case is designated by a fictitious name which does not correspond to the actual name of a party to the proceedings.
1 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 (OJ 2010 L 343, p. 10).