Juan Pedro vs. Mercedes. Roj: AAP M 963/2009 - ECLI:ES:APM:2009:963A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
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SubParagraph a
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SubParagraph a
Indent 3
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Date of the judgement
19 January 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. A first instance Spanish court decided that Spanish courts were not competent to decide on the case.
Court decision: the court estimates that Spanish courts are competent to decide on the case according to Recital n. 7 (Regulation applicable to civil matters) and art. 3 a) of Brussels II a Regulation (the plaintiff was 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 los de Madrid (Spain) (First instance)
Date:20-05-2008