PIL instrument(s)

Case number and/or case name

Marina vs. Augusto.Roj: SAP MA 334/2010 - ECLI:ES:APMA:2010:334

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

16 February 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 and parental responsibility case transacted in Spain. The father is a citizen from Morocco. A first instance Spanish court resolved that Spanish courts were competent to decide on the case. Court decision: according to the court, the first instance court decision must not be taken into consideration. Spanish courts are not competent to decide on the case according to national law. Brussels II a Regulation is not applicable to the case. The Regulation is only applicable between Member States (Morocco is not a UE member State. The court cites Recital nº 1 and arts. 3 and 72 of Brussels II a Regulation). The court only bases its judgement on national law and makes a wrongful interpretation of art. 3 of Brussels II a Regulation according to which in matters relating to divorce, legal separation or marriage annulment, jurisdiction that shall lie with the courts of the Member State in whose territory the spouses are habitually resident (that is to say, Spain), irrespective of their nationality. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia número Cinco de Málaga (Spain) (First instance) Date:02-04-2009