Luis Francisco vs. Flor. Roj: SAP GI 256/2015 - ECLI:ES:APGI:2015:256
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
Paragraph 1
SubParagraph a
Indent 6
Date of the judgement
21 April 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
The proceedings have to do with a divorce case between an Indian spouse and a Portuguese one transacted in Spain on the basis of Brussels II a Regulation provisions.
Key facts:The marriage was celebrated in Sweden. The defendant (husband, citizen from India) has his habitual residence in Spain.
Court decision: Spanish courts are competent to decide on the case according to art. 3. 1 a) of Brussels II a Regulation (habitual residence of the defendant located in a Member State).
The court applies correctly the 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 respondent is habitually resident.
Appeal history (not available in the database):
First instance court: Juzgado Primera Instancia 1 Olot (UPAD Civil 1). Spain
Date: 30-01-2014