PIL instrument(s)

Case number and/or case name

Serafina vs. Edemiro.Roj: SAP B 8107/2015 - ECLI:ES:APB:2015:8107

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

29 June 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 between spouses which habitual residence is not located in Spain. Brussels IIa refers to the application of national law. Court decision: the court estimates that art. 3 of Brussels II a Regulation is not applicable (the habitual residence of the spouses is not located in Spain but in Oregon (United States of America) and art. 7 of Brussels IIa Regulation refers to the application of national law. Pursuant to Spanish law, Spanish courts are not competent to decide on the divorce case. According to art. 8 of Brussels II a Regulation Spanish courts are not competent either to decide on parental responsibility (the habitual residence of the couple´s child was also located in Oregon, USA). Appeal history (not available in the database): First instance court: Juzgado Primera Instancia 16 Barcelona. Spain. Date: 26-04-2007