PIL instrument(s)
Brussels IIa
Case number and/or case name
Montserrat vs. Benedicto.Roj: SAP GI 177/2015 - ECLI:ES:APGI:2015:177
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
Paragraph 1 SubParagraph b
Paragraph 2
Date of the judgement
03 February 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
The proceedings have to do with a divorce and parental responsibility case transacted in Spain on the basis of Brussels II a Regulation provisions. Key facts: Both spouses had their habitual residence in Spain when the proceedings were started in that Member State. Conflict of jurisdiction. Court decision: Spanish courts are competent to decide on the case according to art. 3 of Brussels II a Regulation (territory where the spouses are habitually resident). 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 spouses are habitually resident. Appeal history (not available in the database): First instance court: JUTJAT PRIMERA INSTÀNCIA 3 FIGUERES. Spain. Date: 28/4/2014

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