PIL instrument(s)

Case number and/or case name

Baltasar vs. Tomasa.Roj: AAP B 748/2015 - ECLI:ES:APB:2015:748A Id Cendoj: 08019370182015200009

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

19 May 2015

Appeal history

CJEU's case law cited by the court

Summary

The matter of the case is a family dispute that ended in divorce proceedings and a maintenance obligations and parental responsibility case transacted in Spain. Key facts: Lis pendens. Conflict of jurisdiction based on the application of Brussels II a Regulation and Brussels III Regulation provisions. The habitual residence of the family was established in Barcelona at the time the husband brought the action before justice in Spain. The wife alleges the existence of another divorce proceeding started in Poland one month before. Court decision: Spanish courts are competent to decide on maintenance obligations and parental responsibility according to arts. 3 a) and 3 c) of Brussels III Regulation and arts. 3.1 a) and 8 of Brussels II a Regulation (habitual residence of the defendant in Spain). The court does not admit the jurisdiction of Polish courts according to art. 19 of Brussels II a Regulation (the court was first seized in Poland but the claimant was not resident in that Member State for at least six months before she started the divorce proceedings). Even though Polish courts had declined their jurisdiction, the Spanish court considers the application of the exception contained in art. 15 a), b) and d) of Brussels II a Regulation in order to finally decline its jurisdiction in favor of Polish courts. Following the court, Polish courts are better placed to hear the case taking into account the best interests of the child and the fact that the minor had been living in Poland since 2012. Appeal history (not available in the database): First instance court: Juzgado de Primera Instancia n. 14 de Barcelona. Spain. Date: 28-11-2013.