EUPillar Delfina vs. Marcial.Roj: AAP B 7656/2011

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Application of the provisions of Brussels IIa Regulation to the resolution of a divorce case in Spain. Key facts: One spouse started divorce proceedings in France the 10th of May 2009 and the other spouse started another procedure in Spain the 26th of May 2009. A first instance Spanish court decided that French courts were competent to decide on the case. Court decision: the court comes to the conclusion that the first instance court decision must be confirmed. Spanish courts are not competent to decide on the case according to arts. 19 of Brussels II a Regulation. The court applies correctly the rules on lis pendens and dependent actions of Brussels II a Regulation according to which where proceedings relating to divorce, legal separation or marriage annulment between the same parties are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. Moreover, where the jurisdiction of the court first seised is established, the court second seised shall decline jurisdiction in favour of that court. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia núm. 51 de Barcelona (Spain) (First instance) Date:03-12-2009