Sofía vs. Vicente.Roj: AAP B 1720/2007 - ECLI:ES:APB:2007:1720A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
Paragraph 1
SubParagraph a
Indent 2
Paragraph 1
SubParagraph a
Indent 3
Paragraph 1
SubParagraph a
Indent 4
Paragraph 1
SubParagraph a
Indent 5
Paragraph 1
SubParagraph a
Indent 6
Paragraph 1
SubParagraph b
Date of the judgement
13 April 2007
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. The matter of the case is a divorce between two Ecuadorian spouses, both living in Spain.
Key facts:A first instance Spanish court decided that Spanish courts did not have jurisdiction on the case. The plaintiff objects and appeals.
Court decision: the court decides that the first instance Spanish court decision must not be taken into consideration.
Spanish courts are competent to decide on the case in as much as both spouses had their habitual residence in Spain (art. 3.1 of Brussels II a Regulation).
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 spouses are habitually resident.
Appeal history (not available in the database):
Court decision: JUZGADO PRIMERA INSTANCIA
5 MOLLET DEL VALLÈS (Spain) (First instance).
Date:29-07-2006