EUPillar Luis Antonio vs. Dolores.Roj: SAP A 811/2008

Summary

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 wife initiates two proceedings in Spain and the UK at the same time without informing any of the two national courts. The British court decides on the divorce in 2005. The formal proceedings in Spain are initiated in the year 2006. Court decision: According to the Spanish court (second instance), British courts should have decline their jurisdiction according to articles 19 and 24 of Brussels II a Regulation. The Spanish court considered that the divorce action was brought before Spanish courts earlier than to the British ones. As a consequence, the British court decision on the divorce is not recognised by the court. The court applies the rules on lis pendens and dependent actions of Brussels II a Regulation according to which where proceedings relating to divorce, legal separation or marriage annulment between the same parties are brought before courts of different Member States, the court second seised (British courts in this particular case) shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia número Dos de Benidorm (Alicante) (Spain) (First instance) Date:07-06-2006