Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.
Kay facts: Divorce case between two Moroccan spouses transacted in Spain . The marriage took place in Morocco. The plaintiff (wife) was living in Spain for more than one year at the time she brought the divorce action before justice.
Court decision: the first instance Spanish court decision declining its jurisdiction must not be taken into account.
Spanish courts are competent to decide on the case according to art 3.1 a) of Brussels II a Regulation (the plaintiff was living in Spain for more than one year at the time she brought the divorce action before a Spanish court).
The court applies correctly the general rules of the Regulation on jurisdiction in matters relating to divorce, legal separation or marriage annulment. The court took into account Brussels II a Regulation provisions on jurisdiction that shall lie with the courts of the Member State in whose territory the applicant is habitually resident if he or she resided
there for at least a year immediately before the
application was made.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 10 de Valladolid (Spain). (First instance)
Date:07-11-2006