The case was referred to the ECJ by the German courts. This was following a man who was seeking to have a talaq divorce recognised under German law.
The case concerned a couple who married in Syria in 1999 and later moved to Germany. The couple both have Syrian and German nationalities. In 2013 the husband divorced his wife in a Sharia Court in Syria by having a representative for himself say talaq three times. Thereafter the husband sought for the divorce to be recognised in Germany.
The German court referred the case to the ECJ seeking clarification of a EU regulation on divorce (Rome III Regulation). The ECJ ruled that the regulation does not apply to the recognition of a divorce decision delivered in a third country and ruled that a declaration of divorce before a religious court does fall under the scope of the EU regulation and thus the case needs to be resolved under German law. It will therefore be up to the German Court to take a final decision on whether to recognise the divorce.
This is the first time the ECJ has ruled on the issue of the triple talaq.