Giurisdizione in materia matrimoniale, residenza abituale dei coniugi e immunità degli agenti diplomatici

GIACOMO BIAGIONI

2023-01-01

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Abstract

The contribution briefly analyses a recent judgment of the Court of Justice of the European Union, dealing inter alia with the interpretation of rules on jurisdiction in matrimonial matters, as enshrined in Council Regulation (EC) No. 2201/2003, with reference to the position of EU contract agents, possibly enjoying diplomatic status in the non-EU country where they are employed. It is argued that the notion of « habitual residence » referred to in Regulation No. 2201/2003 should not encompass the situation in which a person is physically present on the territory of a country in order to accomplish diplomatic functions. In the light of the regime applicable to the members of EU delegations and considering the possible relevance of the 1961 Vienna Convention on diplomatic relations also for the European Union, insofar as it is recalled in agreements concluded by the Union with host States, the same conclusion should be reached for EU staff having diplomatic status and being assigned to delegations in non-EU countries.