PIL instrument(s)
Brussels IIa
Case number and/or case name
Lourdes.Roj: AAP V 35/2010 - ECLI:ES:APV:2010:35A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 3 SubParagraph f
Paragraph 3 SubParagraph g
Date of the judgement
26 January 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
Application of Brussels IIa Regulation provisions to the recognition and enforcement in Spain of a French court decision on a divorce. Key facts: A first instance Spanish court decided that Spain was not the jurisdiction competent to decide on the case according to arts. 21.1 and 21. 2 of Brussels II a Regulation. Court decision: the first instance court decision must not be taken into account. Brussels II a Regulation is not applicable to the case because the regulation had not entered into force when the divorce action was brought before justice. Spanish courts are competent to decide on the case according to a bilateral convention between Spain and France which refers to the application of national law. Appeal history (not available in the database): Court decision: JUZGADO DE PRIMERA INSTANCIA E INSTRUCCION NUMERO 5 DE SUECA. (Spain) (First instance) Date:11-05-2009

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