Arrêt OE (2022) states that the difference in required habitual residence duration (6 months versus 12 months) to found jurisdiction in divorce is which of the following?

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The important point is how EU rules determine which court can hear a divorce case based on habitual residence. Under the Brussels framework, a court can exercise jurisdiction when there is a real and stable connection to the Member State, commonly shown by where the spouses live habitually. Different Member States may set different minimum residence periods before a court can found jurisdiction. Arrêt OE (2022) treats a difference between six months and twelve months as permissible, as long as the rule applies equally to everyone and is based on objective criteria tied to the degree of connection to the state. It does not automatically amount to discrimination or violate EU law, and the EU law framework does not require all Member States to have the same threshold. The rule is legitimate because it serves a rational aim (establishing a genuine link to the forum) without targeting people on grounds like nationality. Therefore, the difference is compatible with EU law and harmonization is not mandated.