The scope of residual jurisdiction in matrimonial matters. Critical analysis of the recent interpretation by the CJEU in Judgment C-501/20

Abstract

The aim of this paper is to analyse the accuracy of the scope of residual jurisdiction in matrimonial matters. This question was generated, in the context of the repealed Regulation 2201/2003, by the problem of a joint interpretation of articles 6 and 7, where this was regulated. The objective of clarifying these legal rules is at the basis of the recast made by Article 6 of the current R.2019/1111, with which the need for a joint articulation is shown. The clarification introduced by this rule seems to solve the questionof the residual jurisdiction based on the understanding that its scope ends where the protection of the defendant with member State nationality begins. However, this answer does not coincide with the Judgment by the CJEU of 1 August 2022, C-501/20, when interpreting article 6 b) of Regulation 2201/2003. The importance of the result of this Judgement for the delimitation of the scope of residual jurisdiction is the reason for analysing it with the aim of evaluating whether its answer is capable of solving the issue that motivates this study.