Case number and/or case name
Flor vs. Luis Pablo.Roj: AAP M 2201/2010 - ECLI:ES:APM:2010:2201A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
09 February 2010
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: Modification of definitive measures in the context of a divorce case transacted in Spain. There is a previous judgement on the divorce from a Dominican Republic court. A first instance Spanish court did not accept to initiate proceedings on the modification of definitive measures.
Court decision: the court considers that the first instance court decision must not be taken into consideration.
Spanish courts are competent to decide on the case according to art. 8 of Brussels II a Regulation (the children of the divorced couple are Spanish and live in Spain).
The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seized.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 85 de los de Madrid (Spain) (First instance)
Date: 06-03-2009