PIL instrument(s)

Case number and/or case name

Crescencia vs. Cayetano.Roj: STS 5223/2015 - ECLI:ES:TS:2015:5223

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

15 December 2015

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction on the basis of Brussels II a Regulation provisions. Key facts: Divorce and parental responsibility case in Spain. The father lives and works in Portugal, the mother and children are living in Spain. The children were transferred temporarily to Portugal for a few months in 2010-2011. Conflict of jurisdiction between Spanish and Portuguese courts. Lis pendens is alleged by the father. Court decision: Spanish courts are competent to decide on the divorce case and also on parental responsibility matters according to art. 3 of Brussels II a Regulation (the mother was living in Spain at least one year before she brought the case before justice) and arts. 12 and 13 of that regulation (the father accepted the jurisdiction of Spanish courts as to parental responsibility issues and the children are living in Spain). The court invokes the principle of best interests for the child (Recital 12 of Brussels II a Regulation) and the proximity criterion in order to determine the jurisdiction of Spanish courts. The court denies the existence of lis pendens according to art. 19 of Brussels II a Regulation (Portuguese courts declined their jurisdiction in first instance; the fact that the claimant had appealed against that judgement is not relevant). Appeal history (not available in the database): Second instance court decision: Sección 22ª de la Audiencia Provincial de Madrid. Spain. Date: 23-09-2011. First instance court decision: Juzgado de Primera Instancia nº 79 de Madrid. Spain. (Year: 2011).