PIL instrument(s)
Brussels IIa
Case number and/or case name
Marta vs. Aurelio. Roj: AAP B 3934/2007 –
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 3 SubParagraph f
Paragraph 3 SubParagraph g
Date of the judgement
29 June 2006
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction on the basis of Brussels II a Regulation provisions. The matter of the case is a divorce between two spouses from Sweden and Spain. The divorce action was brought before a Spanish court. Court decision: the court decides that Spain is not competent to decide on the case according to Brussels II a Regulation. The last habitual residence of the couple was established in Sweden. Swedish courts must decide on the case. The court only makes a generic reference to the application of Brussels II a regulation provisions to the case. Appeal history (not available in the database): Court decision: Audiencia Provincial Sede: Barcelona Sección: 12 (Spain) (Second instance) Date:26-07-2007

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