Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.
Key facts: Divorce case transacted in Spain. 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. A first instance Spanish court decided that Spanish courts were not competent to decide on the case.
Court decision:The second instance court considers that Spanish courts are competent to decide on the divorce case according to art. 3 a) of Brussels II a Regulation (the plaintiff was living in Spain for more than one year before bringing 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 or she 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 14 de Barcelona (Spain) (First instance)
Date:08-06-2007