Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.
The matter of the case is the petition of interim measures in Belgium in the context of a divorce case between two Belgian and Spanish spouses. Habitual residence of the couple: Belgium. The wife goes living to Spain and initiates divorce proceedings in that member State.
Court decision: the court comes to the conclusion that according to art. 3.1 a) of Brussels II a Regulation, both Spain and Belgium could be competent to decide on the divorce case.
According to art. 19.2 of Brussels II a Regulation and following the Court of Justice of the European Union´s case law (cited by the court), there is no appreciation of lis pendens.
The petition of interim measures before a Belgian Peace court (which is not competent to decide on divorce proceedings, by the way) cannot be considered as a legal procedure pending in another member State.
Therefore, Spanish courts are competent to decide on the divorce case in Spain.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia núm. 18 de Barcelona (Spain) (First instance)
Date:20-01-2010