Conflict of jurisdiction transacted in Spain and resolved on the basis of Brussels II a Regulation provisions.
Key facts:Divorce proceedings between two Spanish individuals: the wife lives in Spain, the husband lives in the UK. The couple has one child in common. The matter of the case is the enforcement in Spain of a British court decision on the abduction of the child.
A Spanish first instance court decided that Spanish courts were not competent to decide on the divorce case.
Court decision: Spanish courts are competent to decide on the divorce because in terms of nationality, Spain is the common State for both litigants (art. 3 b) of Brussels II a Regulation) and because the plaintiff (wife) lived in Spain for more than six months before she brought the divorce action before justice (art. 3.1 a) of Brussels II a Regulation).
Moreover, no other divorce action was brought before another Member State jurisdiction previously (art. 19.1 of Brussels II a Regulation).
Additionally, the existing British court decision is not related to divorce or parental responsibility matters but to child abduction (art. 19.2 of Brussels II a Regulation).
The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª. Instancia nº. 7 de Santa Cruz de Tenerife (Spain) (First instance).
Date: 09-03-2006