PIL instrument(s)

Case number and/or case name

Blanca vs. Diego. Roj: AAP M 2530/2006 - ECLI:ES:APM:2006:2530A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

12 March 2006

Appeal history

CJEU's case law cited by the court

Summary

Application of Brussels II a Regulation provisions to the annulment of a marriage in Spain. The matter of the case is a marriage annulment transacted in Spain concerning a Spanish wife living in Spain. Key facts:The husband is Cuban, he is not living in Spain and has no residence in Spain either. The first instance Spanish court before which the civil action was brought declined its territorial jurisdiction. The plaintiff (wife) objects and appeals. Court decision: The plaintiff claimed for the application of art.3 of Brussels II a Regulation. The court decided that Spanish courts were competent to decide on the case according to arts. 3 and 7.2 of Brussels II a Regulation. As to the conflict of jurisdiction treated in the court, this one resolves that the first instance court from Madrid (place where the plaintiff lives) is competent to decide according to Spanish law and not according to Brussels II a Regulation. The court applies general rules 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 six months immediately before the application was made and is either a national of the Member State in question. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 4 de Alcalá de Henares. (Spain) (First instance).