PIL instrument(s)

Case number and/or case name

Pablo vs. Carina(2).Roj: AAP M 16339/2008 - ECLI:ES:APM:2008:16339A

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

24 February 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 between two spouses from Argentina and Spain. Key facts: The habitual residence of the divorced couple was in Argentina. The plaintiff now lives in Spain. Court decision: The court stated that Spain was not the competent jurisdiction to decide on the case according to art. 3 of Brussels II a Regulation (there is not a common nationality and the habitual residence of the couple was not located in an EU member State). 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: Court decision: Audiencia Provincial Sede: Madrid. Sección: 22 (Spain) (Second instance) Date: 21-11-2008