PIL instrument(s)

Case number and/or case name

Adelaida.Roj: AAP M 11009/2010 - ECLI:ES:APM:2010:11009A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

19 July 2010

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 transacted in Spain concerning a family from Poland living in Spain. A first instance Spanish court decided –according to national law- that Spain was not competent to decide on the case. Court decision: the first instance Spanish court decision must be confirmed. It is true that according to art. 3 of Brussels II a Regulation, Spanish courts would be competent to decide on the case (habitual residence of the plaintiff and the children in Spain), but according to art. 17, Spanish courts must decline their jurisdiction (proceedings initiated in Poland). Spanish courts cannot request Polish courts to recuse themselves (art. 19 of Brussels II a Regulation). The court applies correctly the rules on lis pendens and dependent actions of Brussels II a Regulation according to which where proceedings relating to divorce, legal separation or marriage annulment between the same parties are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. Moreover, where the jurisdiction of the court first seised is established, the court second seised shall decline jurisdiction in favour of that court. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 8 de Torrejón de Ardoz (Spain ) (First instance). Date:01-09-2009