PIL instrument(s)

Case number and/or case name

Inocencia vs. Segundo.Roj: SAP B 8046/2015 - ECLI:ES:APB:2015:8046

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

22 July 2015

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 and parental responsibility case between two Moroccan spouses transacted in Spain. The whole family is living in Spain for more than five years. The court examines ex-officio its jurisdiction. Court decision: Spanish courts are competent to decide on the case according to art. 3 of Brussels II a Regulation (habitual residence of the spouses 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): First instance court decision: Juzgado Primera Instancia n. 7 Mataró (Spain) Date: 02-10-2013