PIL instrument(s)

Case number and/or case name

Adela vs. Fabio.Roj: AJPII 6/2011 - ECLI:ES:JPII:2011:6A

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

31 May 2011

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. Conflict of jurisdiction between Spanish and German courts to decide on the case. The divorced couple had their habitual residence in Barcelona (Spain). Court decision: Spanish courts are competent to decide on the case according to art. 3 (the habitual residence of the couple was in Barcelona, Spain) and art. 19 of Brussels II a Regulation (the divorce action was brought before the Spanish courts in first instance compared to German courts). 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.