Loreto vs. Eusebio.Roj: SAP V 2938/2010 - ECLI:ES:APV:2010:2938
Details of the court
Spain, First 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
Article 19
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
24 June 2010
Appeal history
None
CJEU's case law cited by the court
None
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 between two Rumanian spouses living in Spain. The plaintiff and the defendant live in Spain. The husband initiates a second divorce proceeding in Rumania.
Court decision: the court considers that Spanish courts are competent to decide on the case according to art. 3.1 a) of Brussels II a Regulation (the habitual residence of the spouses is in Spain).
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.
The court does not appreciate the existence of lis pendens (art. 19 of Brussels II a Regulation) in as much as the Rumanian court has expressly declared itself not competent to decide on the case.