Case number and/or case name
Luis Pablo vs. María Consuelo.Roj: SAP C 210/2008 - ECLI:ES:APC:2008:210
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 21
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
21 February 2008
CJEU's case law cited by the court
Summary
Application of Brussels II a Regulation provisions to the resolution of a divorce case in Spain.
Key facts: The husband asks for the inclusion, in the conjugal partnership, of a house bought by the wife after a Belgian court decided on the divorce. The plaintiff alleges that the foreign court decision was not registered in Spain when the wife bought the house.
Court decision: the Spanish court decides that there is no need to initiate a particular proceeding in order to recognise a Belgian court decision in Spain (art. 21 of Brussels II a Regulation). The house cannot be considered to be part of the community of property.
In order to decide, the court makes an effective examination of the grounds of non-recognition for judgments relating to divorce, legal separation or marriage annulment of Brussels II a Regulation but the court finally comes to the conclusion that none of the exceptions can be considered in this particular case and that the foreign court decision can be enforced directly in Spain.
Appeal history (not available in the database):
Court decision: JUZGADO DE 1ª INSTANCIA Nº 10 DE A CORUÑA (Spain) (First instance)
Date:14-11-2007