PIL instrument(s)

Case number and/or case name

María Ángeles vs. Narciso. Roj: SAP M 3386/2006 - ECLI:ES:APM:2006:3386

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

02 March 2006

Appeal history

CJEU's case law cited by the court

Summary

Divorce and parental responsibility case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Lis pendens. The divorce action was brought before justice in the year 2001 in Spain. The second divorce action was brought before justice in 2004 in France. The plaintiff alleges that Spanish courts are not competent to decide on the case and that there are conflicting parental responsibility measures decided by the French court. Court decision: the court considers that Spanish courts are competent to decide on the case in as much as the requirements of arts. 12, 16, 19, 39 of Brussels II a Regulation are met. The divorce action was brought before the Spanish justice in first instance (year 2001). The court applies correctly the rules on lis pendens and dependent actions on Brussels II a Regulation according to which wehere proceedings relating to divorce, legal separation or marriage annulment between the same parties are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. The court also makes an effective examination of the formal requirements for considering that a court is seised. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 29 de los de Madrid (Spain) (First instance) Date: 26-05-2005