PIL instrument(s)

Case number and/or case name

Matilde vs. Leopoldo.Roj: AAP Z 198/2010 - ECLI:ES:APZ:2010:198A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

15 March 2010

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction on the basis of Brussels II a Regulation provisions. Key facts: Divorce case between two Egyptian spouses living in Spain. A first instance court determines that Spanish courts are not competent to decide on the case. Court decision: the court considers that Spanish courts are competent to decide on the divorce case according to art. 3 of Brussels II a Regulation (the habitual residence of the couple and their two daughters is 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 spouses are habitually resident. Appeal history (not available in the database): Court decision: Juzgado de Violencia sobre la Mujer nº 1 de los de Zaragoza (Spain) (First instance) Date: 18-03-2009