PIL instrument(s)

Case number and/or case name

Pablo vs. Carina. Roj: AAP M 16339/2008 - ECLI:ES:APM:2008:16339A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

20 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. Key facts: Divorce case between two spouses from Argentina and Spain. The habitual residence of the divorced couple was in Argentina. The plaintiff now lives in Spain. A first instance Spanish court stated that Spain was not the competent jurisdiction to decide on the case according to art. 3 of Brussels II a Regulation. Court decision:The court (second instance) decides that Spanish courts are competent to decide on the case according to art. 7 of Brussels II a Regulation (residual jurisdiction). The jurisdiction is determined by Spanish law. In order to decide the court applies Brussels II a Regulation provisions on residual jurisdiction when no court of a Member State has jurisdiction pursuant to Articles 3, 4 and 5 of that Regulation. In that case, jurisdiction shall be determined, in each Member State, by the laws of that State (Spanish law). Appeal history: Court decision: JDO. PRIMERA INSTANCIA N. 79 de MADRID (Spain) (First instance) Date: 25-02-2008