PIL instrument(s)

Case number and/or case name

Álvaro vs. Esmeralda. Roj: AAP TE 48/2010 - ECLI:ES:APTE:2010:48A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

24 November 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. The plaintiff claims for the jurisdiction of Spanish courts instead of the German ones. Court decision: the court comes to the conclusion that Spanish courts are competent to decide on the case according to arts. 3 and 12.1 b) of Brussels II a Regulation in as much as the habitual residence of the plaintiff is in Spain. Art. 19 cannot be applied: the defendant (wife) did not initiate a judicial proceeding in Germany. The defendant only requested to proceed in forma pauperis (petition for legal aid) in Germany. 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 respondent is habitually resident. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia núm. 1 de Alcañiz (Spain) (First instance) Date: 11-03-2010