Divorce with cross-border implications located in the United Kingdom. Lack of international jurisdiction of Romanian courts

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The United Kingdom of Great Britain and Northern Ireland is no longer a Member State of the European Union as from 01.01.2021, in accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, published in the Official Journal of the European Union C 384 I/1 of 12.11.2019.

Thus, according to Article 126 of the above-mentioned Treaty, the transitional period ended on 31.12.2020.

Since the Treaty does not provide that after 31.12.2020 the provisions of Union law on cooperation in civil matters will continue to apply to the United Kingdom, it follows that Regulation No 2201/2003 is not applicable in the present case.

Under these circumstances, the provisions of Book VII – a of Law No 134/2010 on the Code of Civil Procedure are applicable.