PIL instrument(s)

Case number and/or case name

María Teresa vs. Silvio.Roj: SAP V 4631/2008 - ECLI:ES:APV:2008:4631

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

02 November 2008

Appeal history

CJEU's case law cited by the court

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 the recognition of a foreign court decision on a divorce in Spain The judgement was given by a Lebanon court. Court decision: Spanish courts are competent to decide on the divorce according to art. 3 of Brussels II a Regulation in as much as the habitual residence of the divorced couple is in Spain. The court decision from Lebanon was not recognised in Spain and could not be taken into consideration. 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 de Violencia sobre la Mujer Nº 1 de VALENCIA (Spain) (First instance) Date:02-01-2008