PIL instrument(s)

Case number and/or case name

Juan Pablo.Roj: AAP M 9108/2010 - ECLI:ES:APM:2010:9108A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

24 June 2010

Appeal history

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: Divorce case transacted in Spain. Both spouses live in Spain. A first instance court resolved that Spanish courts were not competent to decide on the case. Court decision: the court decides that Spanish courts are competent to decide on the case according to art. 3 of Brussels II a Regulation in as much as it has been proved that the last habitual residence of the defendant was in Spain. 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 respondent is habitually resident. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 1 de Colmenar Viejo (Spain) (First instance) Date:19-11-2009