PIL instrument(s)

Case number and/or case name

Elisenda vs. Genaro.Roj: AAP PO 380/2007 - ECLI:ES:APPO:2007:380A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

28 March 2007

Appeal history

CJEU's case law cited by the court

Summary

Divorce case between two Spanish spouses living in Spain based on the application of Brussels II a Regulation provisions. Key facts: The husband is confined in a Spanish prison. A first instance court decided- according to Spanish law- that Spanish courts were not competent to decide on the case because the defendant had not a domicile in Spain (a prison cannot be considered a “domicile” in legal terms). Court decision:The court decided that the first instance Spanish court decision must not be taken into account. Spanish courts are competent to decide on the divorce case according to arts. 7.1 and 3 of Brussels II a Regulation ( the prison located in Spain can be considered as an “habitual residence” in Brussels II a Regulation terms). 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 respondent is habitually resident. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia núm. 2 de Pontevedra (Spain). (First instance) Date:10-05-2006