Case number and/or case name
Ángeles vs. Tomás.Roj: SAP PO 2919/2007 - ECLI:ES:APPO:2007:2919
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
25 November 2007
CJEU's case law cited by the court
Summary
The proceedings have to do with a divorce case transacted in Spain.
The matter of the case is a jurisdiction conflict based on the application of Brussels II a Regulation provisions.
Key facts:The husband is Italian and lives in Belgium. The wife lives in Spain. The marriage was celebrated in Spain.
Court decision: the court decides that Spanish courts are competent to decide on the divorce in as much as they were competent to decide on the legal separation of the couple, according to art. 5 of Brussels II a Regulation.
In order to decide, the court applies the rules on divorce, legal separation and conversion of legal separation into divorce contained in Brussels II a Regulation.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 1 de Villagarcía de Arosa (Spain). (First instance).
Date: 24-04-2006