33In that regard, while the first to fourth indents of Article 3(1)(a) of Regulation No 2201/2003 expressly refer to the habitual residence of the spouses and of the respondent as criteria, the fifth and sixth indents of Article 3(1)(a) permit the application of the jurisdiction rules of the forum actoris (judgment of 13 October 2016, Mikołajczyk, C‑294/15, EU:C:2016:772, paragraph 41).
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