Case number and/or case name
Rudolf vs. Sofía.Roj: SAP MA 2375/2008 - ECLI:ES:APMA:2008:2375
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 21
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
08 June 2008
CJEU's case law cited by the court
Summary
The matter of the case is a dispute between spouses that ended in divorce proceedings transacted in Spain. Key facts: dispute on the determination of the habitual residence of the divorced couple (Spain v. the United Kingdom). A British court prohibits the defendant a free access to the couple assets. The plaintiff alleges the application of art. 21 of Brussels II a Regulation (recognition of the foreign court decision in Spain).
Court decision: the court comes to the conclusion that art. 21 of Brussels II a Regulation is not applicable. The court points out that the whole legal instrument is not applicable because the matrimonial property regimen does not fall under its scope of application.
The court makes a correct interpretation of Brussels II a Regulation provisions on the scope of application in order to decide.
Appeal history (not available in the database):
Court decision: SECCION CUARTA AUDIENCIA PROVINCIAL DE MALAGA (Spain) (First instance)
Date: 15-01-2007