EUPillar Doroteo vs. María Milagros.Roj: AAP B 1484/2009

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Keyf acts: Divorce case transacted in Spain. Modification of a divorce arrangement. Lis pendens. A German court decided previously on the case. The plaintiff (a Spanish individual) brings the divorce action before the Spanish courts. Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case according to art. 19.3 of Brussels II a Regulation (German courts are clearly competent and the Spanish ones must decline their jurisdiction). The court applies correctly Brussels II a Regulation provisions on lis pendens and dependent actions according to which where 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. And where the jurisdiction of the court first seised is established, the court second seised shall decline jurisdiction in favour of that court. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 1 de Granollers (Spain) (First instance) Date:28-02-2008