(Reference for a preliminary ruling– Validity– Judicial cooperation in civil matters– Jurisdiction to hear and determine an application for divorce– Article18 TFEU– Regulation (EC) No2201/2003

44Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.

On those grounds, the Court (Third Chamber) hereby rules:

The principle of non-discrimination on grounds of nationality, enshrined in Article18 TFEU, must be interpreted as not precluding a situation in which the jurisdiction of the courts of the Member State in the territory of which the habitual residence of the applicant is located, as provided for in the sixth indent of Article3(1)(a) of Council Regulation (EC) No2201/2003 of 27November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No1347/2000, is subject to the applicant being resident for a minimum period immediately before making his or her application which is six months shorter than that provided for in the fifth indent of Article3(1)(a) of that regulation on the ground that the person concerned is a national of that Member State.

[Signatures]

*Language of the case: German.