46However, to accept that a spouse may be habitually resident in several Member States at the same time would be liable to undermine legal certainty, by making it more difficult to determine in advance which courts have jurisdiction to rule on the dissolution of matrimonial ties and by making it more difficult for the court seised to determine whether it has jurisdiction. As the Advocate General observed, in essence, in point 94 of his Opinion, there would then be a risk that international jurisdiction would ultimately be determined, not by the criterion of ‘habitual residence’, for the purposes of Article 3(1)(a) of Regulation No 2201/2003, but by a criterion based on the mere ‘de facto’ residence of one or other of the spouses, which would infringe that regulation.
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