PIL instrument(s)

Case number and/or case name

Soledad vs. Raúl.Roj: SAP O 1863/2009 - ECLI:ES:APO:2009:1863

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

15 July 2009

Appeal history

CJEU's case law cited by the court

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 Italian and Spanish spouses transacted in Spain. Dispute on the determination of the habitual residence of the divorced couple (Spain or Italy). The wife alleges that the habitual residence was located in Italy; the husband, in Spain. The wife and the children of the divorced couple lived in Spain while the husband worked in Italy. Court decision: Spanish courts are competent to decide on the case according to art. 3 of Brussels II a Regulation. It has been proved that the habitual residence of the couple was 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 nueve de los de Oviedo (Spain) (First instance) Date: 26-02-2009