PIL instrument(s)
Brussels IIa
Case number and/or case name
Lorenzo vs. Inés (2). Ref. Roj: AAP B 331/2008 - ECLI:ES:APB:2008:331A
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
08 June 2007
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction raised before Spanish courts in the context of a divorce case and resolved on the basis of Brussels II a Regulation provisions. Key facts: The husband lives in Spain. The wife lives now in Andorra. The last residence of the couple was in Barcelona (Spain). Both spouses are Portuguese and the marriage was celebrated in Portugal. Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case according to national law. Brussels II a Regulation is not applicable in as much as Andorra is not a Member State of the European Union. The residence of the divorced couple in Barcelona was not accredited. The court only makes a generic reference to the application of Brussels II a Regulation provisions to the case (the court does not cite any particular article of Regulation (EC) No 2201/2003).

This website is written and maintained by the University of Aberdeen's Research Applications and Data Management Team