PIL instrument(s)

Case number and/or case name

Melisa vs. Juan María.Roj: SAP B 12442/2005 - ECLI:ES:APB:2005:12442

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

14 December 2005

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction based on the application of Brussels II a Regulation provisions. The matter of the case is a divorce application transacted in Spain between two Moldovan spouses with two children. The father is not living in Spain. The rest of the family has its habitual residence in Spain. Key facts: A first instance Spanish court declined previously its jurisdiction. The plaintiff (the spouse) appeals and makes a request for the reference for a preliminary ruling of the Court of Justice of the European Union concerning the jurisdiction of Spanish courts. The plaintiff (the mother) did not request parental responsibility measures or maintenance support. Court decision: the court decides that Spanish courts are not competent to decide on the divorce case. Brussels II a Regulation cannot be applied in as much as Moldova is not a European Union Member State (art. 21 of Brussels II a Regulation). Nevertheless, the court informs that the plaintiff can bring before the Spanish courts a new action claiming for parental responsibility measures and maintenance support (art. 12 of Brussels II a Regulation). The request for the reference for a preliminary ruling of the Court of Justice of the European Union concerning the jurisdiction of Spanish courts is not granted by the court. The court applies the provisions of Brussels IIa Regulation on the prorogation of jurisdiction in the case of an application for divorce concerning parental responsibility matters. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 5 de Vilanova i la Geltrù (Spain). (First instance) Date: 23-03-2005