PIL instrument(s)

Case number and/or case name

Marta vs. Aurelio. Roj: AAP B 3934/2007 - ECLI:ES:APB:2007:3934A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

26 July 2007

Appeal history

CJEU's case law cited by the court

Summary

The matter of the case is the application of Brussels II a Regulations provisions to a divorce case transacted in Spain between two spouses from Sweden and Spain. Key facts: existence of a foreign court decision from a Sweden court. Termination of the proceedings in Sweden because the divorce action was not brought in time before justice. Court decision: the court decides that Brussels II a Regulation is a applicable to the case according to art 72 of the Regulation. Spanish courts are competent to decide on the case according to art. 3 of Brussels II a Regulation (the plaintiff -wife- was living in Spain for more than six months before she brought the divorce action before justice). The first instance Spanish court decision declining its jurisdiction must not be taken into consideration. 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 applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question. Appeal history (not available in the database): Court decision: JUZGADO PRIMERA INSTANCIA 1 ESPLUGUES DE LLOBREGAT (Spain) (First Instance) Date:29-06-2006