Summary
Conflict of jurisdiction between Spanish and Swiss courts on the basis of Brussels II a Regulation provisions. The matter of the case is a divorce transacted in Spain.
Key facts:The plaintiff (husband) is Spanish and lives in Spain (at present time and at the time he brought the civil action before justice). A first instance Spanish court decided that Spanish courts were not competent to decide on the case. The plaintiff appeals.
Court decision: the court accepts the appeal and decides that Spanish Courts are competent to decide on the divorce case according to art. 7.1 of Brussels II a Regulation. That article refers to the determination of jurisdiction when no court of a Member State has jurisdiction pursuant to Articles 3, 4 and 5 of Brussels IIa Regulation.
According to art. 7.1, jurisdiction shall be
determined, in each Member State, by the laws of that State and following Spanish law (art. 22.3 LOPJ), Spanish courts have jurisdition on the case in as much as the plaintiff has his habitual residence in Spain.
The court applies the provisions of Brussels II a Regulation on residual jurisdiction to decide the jurisdiction of Spanish courts.
Appeal history (not available in the database):
Court decision: JUZGADO DE 1ª INSTANCIA
Nº 3 DE BETANZOS (Spain) (First instance)
Date: 29-09-2005