Summary
The matter of the case is the enforcement of a French court decision in Spain (divorce case) based on the application of Brussels II a Regulation provisions.
Key facts:Before the enforcement of the foreign court decision in Spain is accepted, the plaintiff (the husband) requests a modification of the inventory and claims for the exclusion, in the community of propriety, of a vehicle as well as the income derived from his professional activity from sept.1992 to 1995.
Court decision: the Spanish court takes into account the date of the French court decision (02-09-1992) in order to determine the date of the end of the community of propriety. The court decides on the case according to art. 21.4 of Brussels II a Regulation. The allegations of the plaintiff are accepted.
In order to decide on the jurisdiction of Spanish courts, the court applies the rules on recognition of a judgement of Brussels II a Regulation according to which where the recognition of a judgment is raised as an incidental question in a court of a Member State, that court may determine that issue.
Appeal history (not available in the database):
Court decision: Juzgado Mixto de Ourense 1 (Spain). (First instance)
Date: 18-01-2005