EUPillar Luis Alberto. Roj: AAP M 61/2009

Summary

Conflict of local jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.The matter of the case is the enforcement in Spain of a judgement from Swiss courts. Key facts: the enforcement application derives from a divorce case. Court decision: the court decides that the Spanish court before which the divorce action is brought is not competent to decide on the enforcement of the foreign court decision according to art. 29 of Brussels II a Regulation (the habitual residence of the party against whom the enforcement is sought and the place of enforcement are not the same). In order to decide, the court applies the rules of Brussels IIa Regulation on jurisdiction of local courts according to which the local jurisdiction shall be determined by reference to the place of habitual residence of the person against whom enforcement is sought or by reference to the habitual residence of any child to whom the application relates. Appeal history (not available in the database): Court decision: Audiencia Provincial Sede: Madrid. Sección: 21 (Spain) (Second instance) Date: 14-01-2009