Debora.Roj: AAP V 789/2009 - ECLI:ES:APV:2009:789A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
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SubParagraph a
Indent 2
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SubParagraph a
Indent 3
Paragraph 1
SubParagraph a
Indent 4
Paragraph 1
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Indent 6
Date of the judgement
02 November 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.
Key facts: Divorce case transacted in Spain. The plaintiff is from Venezuela but has her habitual residence in Spain. A first instance court decided that Spanish courts were not competent to decide on the case.
Court decision (second instance): the court decides that Spanish courts are competent to decide on the divorce case according to art. 3.1 a) of Brussels II a Regulation (the plaintiff was living for more than one year in Spain at the time she brought the divorce action before justice).
The court applies correctly the 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 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 VALENCIA-26 (Spain) (First instance)
Date:22-05-2009