Jesús Miguel vs. Alicia.Roj: AAP M 441/2008 - ECLI:ES:APM:2008:441A
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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SubParagraph a
Indent 3
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Date of the judgement
24 January 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 husband lives in Spain; the wife quits Spain after the divorce and goes living to Ecuador. A first instance Spanish court declined the jurisdiction of Spanish courts.
Court decision: the first instance court decision declining its jurisdiction must not be taken into account.
Spanish courts are competent to decide on the case according to art. 3 a) of Brussels II a Regulation (the husband lived in Spain for more than one year before he brought the divorce action before justice).
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 resided there for at least a year immediately before the
application was made.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 80 de los de Madrid (Spain) (First instance)
Date:19-10-2007