Diana vs. Manuel.Roj: SAP M 15917/2008 - ECLI:ES:APM:2008:15917
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
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SubParagraph a
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Indent 3
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Date of the judgement
06 November 2008
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.
Key facts:The family lives in Spain. The wife requests the declaration of invalidity of an Ecuadorian court decision on the divorce. She also claims for a change in the parental responsibility arrangement decided by the Ecuadorian Court.
Court decision: Spanish courts are competent to decide on the case according to art. 3 a) of Brussels II a Regulation but the foreign court decision must be recognised in as much as the law applicable to the divorce is the Ecuadorian one.
The law applicable to parental responsibility matters is the Spanish one (habitual residence of the creditor according to the Hague Convention (1973)).
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 nº 3 de violencia sobre la mujer de Madrid (Spain) (First instance)
Date:16-04-2008