PIL instrument(s)

Case number and/or case name

Covadonga vs. Salvador.Roj: AAP GU 300/2011 - ECLI:ES:APGU:2011:300A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

19 September 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. The defendant lives in Brazil. A first instance Spanish court decided, according to national law that the Brazilian courts were competent to decide on the case. Court decision: Spanish courts are competent to decide on the divorce case according to art. 3 of Brussels II a Regulation (the plaintiff was living in Spain for more than one year before she brought the civil action before justice). 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 applicant is habitually resident if he or she resided there for at least a year immediately before the application was made. Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia nº 7 de Guadalajara (Spain) (First instance) Date:23-02-2011