PIL instrument(s)

Case number and/or case name

Rosendo vs. Paloma. Roj: AAP M 5646/2008 - ECLI:ES:APM:2008:5646A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

09 April 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 Peruvian spouses. The marriage was celebrated in Peru. The wife lives in that country and the husband lives in Spain. A first instance court decided, according to national law, that Spanish courts were not competent to decide on the case. Court decision (second instance): Spanish courts are competent to decide on the case according to art. 3 of Brussels II a Regulation (the plaintiff has been living in Spain for more than one year before he brought the divorce action before justice). 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 applicant is habitually resident if he or she resided there for at least a year immediately before the application was made. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 80 de Madrid. (Spain) (First instance) Date: 17-10-2007