Ana vs. Basilio.Roj: SAP B 5679/2015 - ECLI:ES:APB:2015:5679
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
Paragraph 1
SubParagraph a
Indent 2
Paragraph 1
SubParagraph a
Indent 3
Paragraph 1
SubParagraph a
Indent 4
Paragraph 1
SubParagraph a
Indent 5
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SubParagraph a
Indent 6
Date of the judgement
09 June 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction on the basis of Brussels II a Regulation provisions.
Key facts: Divorce case between two French spouses in Spain. The habitual residence of the couple was located in Cataluña (Spain).
Court decision: Spanish courts are competent to decide on the case according to art. 3.1 a) of Brussels II a Regulation. Pursuant to Spanish law, Catalan courts are competent to decide on the case (Spanish regional courts).
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: Juzgado Primera
Instancia 6 Sant Feliu de Llobregat
Date: 19-12-2011