Piedad vs. Patricio.Roj: AAP B 8203/2009 - ECLI:ES:APB:2009:8203A
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
30 September 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 Peruvian spouses transacted in Spain. The plaintiff lives in Spain. A first instance Spanish court declined its jurisdiction in favour of Peruvian courts.
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 plaintiff was in Spain for more than one year before 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 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 7 de Mataró (Spain) (First instance)
Date:17-11-2008