PIL instrument(s)

Case number and/or case name

Milagros vs. Rubén.Roj: AAP B 1051/2008 - ECLI:ES:APB:2008:1051A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

11 March 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 a divorce action brought before two different jurisdictions: Dutch and Spanish. Key facts: The plaintiff (wife) considers that the defendant did not take the steps required to let her know about the divorce proceedings initiated in Germany. Court decision: the court estimates that art. 16.1 a) cannot be applied. It was proved that the defendant took all the steps needed. Dutch courts art competent to decide on the case according to arts. 3 and 19 of Brussels II a Regulation. The divorce action was proved to be brought before the Dutch courts in first instance. The court applies the rules of Brussels II a Regulation on lis pendens and dependent actions 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 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 PRIMERA INSTANCIA 6 RUBÍ (Spain) (First instance) Date:27-04-2007