Paloma vs. Antonio.Roj: SAP V 4907/2009 - ECLI:ES:APV:2009:4907
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
Article 19
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
30 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.
The matter of the case is a divorce dispute between two Rumanian spouses living in Spain. The plaintiff alleges the existence of a previous Rumanian judgement which already had decided on maintenance obligations.
Court decision: the court estimates that Spanish courts are competent to decide on the case according to art. 3.1 a) of Brussels II a Regulation in as much as the habitual residence of the spouses is in Spain.
The allegations of the plaintiff (validity of a foreign court decision according to art. 19 of Brussels II a Regulation) cannot be taken into consideration because when the foreign court decision was notified to the Spanish court, Spanish courts had previously produced a judgement on the case (a first instance Spanish court).
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 spouses are habitually resident.
Appeal history (not available in the database):
Court decision: JUZGADO DE PRIMERA INSTANCIA E INSTRUCCION NUMERO 3 DE REQUENA (Spain) (First instance)
Date:23-01-2009