PIL instrument(s)

Case number and/or case name

Maite vs. Victoriano.Roj: AAP GI 782/2009 - ECLI:ES:APGI:2009:782A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

29 July 2009

Appeal history

CJEU's case law cited by the court

Summary

Divorce and parental responsibility case in Spain resolved on the basis of Brussels II a Regulation provisions. Key facts: The family lives in Italy. The divorce action was brought before the Italian justice. The plaintiff (wife) brings a new civil action before the Spanish courts on parental responsibility matters. Court decision: the court decides that Italian courts are competent to decide on the case according to art. 3.1. a) of Brussels II a Regulation (habitual residence of the husband in Italy). According to art. 8 of that Regulation, Spanish courts could be also competent to decide on the case, not forgetting the provisions of arts. 9, 10 and 12. Pursuant to art. 12, Italian courts (competent jurisdiction according to art. 3) are competent to decide both on the divorce action and on parental responsibility matters, without prejudice of the application of art. 15, if it was the case. Appeal history (not available in the database): Court decision: Juzgado Instrucción 4 La Bisbal d'Empordà.Exclusivo violencia sobre la mujer. (Spain) (First instance) Date:09-03-2009