PIL instrument(s)

Case number and/or case name

Fausto vs. Marisa.Roj: AAP B 2097/2011 - ECLI:ES:APB:2011:2097A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

07 April 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 between two Argentinean spouses transacted in Spain. Court decision: the court comes to the conclusion that Spanish courts are not competent according to arts 1, 3 and 7.1 of Brussels II a Regulation. Spain was not the habitual residence of the divorced couple when the civil action was brought before justice, the defendant does not live in Spain and the plaintiff has not been living in Spain for more than one year before he brought the divorce action before justice. In that case, Spanish law is the applicable one according to art 7.1 of Brussels II a Regulation, but this one does not recognise the Spanish competence to decide on the case (both spouses are Argentinean). The competent jurisdiction is the Argentinean one. The court applies correctly the general rules of Brussels II a Regulation on jurisdiction in matters relating to divorce, legal separation or marriage annulment according to which jurisdiction that shall lie with the courts of the Member State in whose territory the spouses are habitually resident. In this particular case, the court considered it proved that none of the spouses were habitually resident in Spain. Appeal history (not available in the database): Court decision: Juzgado Primera instancia 2 Sant Feliu de Llobregat (Spain) (First instance) Date:12-07-2010