Leoncio vs. Irene. Roj: SAP V 4831/2009 - ECLI:ES:APV:2009:4831
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
Paragraph 1
SubParagraph a
Indent 2
Paragraph 1
SubParagraph a
Indent 3
Paragraph 1
SubParagraph a
Indent 4
Paragraph 1
SubParagraph a
Indent 5
Paragraph 1
SubParagraph a
Indent 6
Date of the judgement
10 March 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 between two Moroccan spouses living in Spain. The plaintiff (wife) alleges that Spanish courts are not competent to decide on the case.
Court decision: the court estimates that Spanish courts are competent to decide on the divorce according to art. 3 a) of Brussels II a Regulation (the habitual residence of both spouses is in Spain).
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 spouses are habitually resident.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número 1 de Torrent (Spain) (First instance)
Date:08-10-2008