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C. The detailed rules for the application of Article 10 of Regulation No in the event of unequal access to divorce (second and third questions)

Both the second question, which is divided into two parts, and the third question, which is expressly linked to the latter of those parts, concern the interpretation of Article 10 of Regulation No , which allows the law of the forum to be applied by way of derogation where the foreign law which would in principle be applicable, pursuant to other provisions of that regulation, either does not permit divorce at all ( 76 ) or provides that access to legal separation or divorce varies, as in the dispute in the main proceedings, depending on the sex of the spouses. ( 77 )

These two questions concern the detailed rules for the application of Article 10, first from the point of view of how the discrimination caused by the foreign law must be examined – in the abstract or in each particular case – and, secondly, from the point of view of the significance to be attached to any consent to the unequal divorce given by the spouse discriminated against.

1. Examining the discriminatory nature of access to divorce in the abstract for the purposes of applying Article 10 of Regulation No

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