Felicidad vs. Carmelo.Roj: SAP M 3619/2011 - ECLI:ES:APM:2011:3619
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
Paragraph 1
SubParagraph a
Indent 2
Paragraph 1
SubParagraph a
Indent 3
Paragraph 1
SubParagraph a
Indent 4
Paragraph 1
SubParagraph a
Indent 5
Paragraph 1
SubParagraph a
Indent 6
Date of the judgement
11 April 2011
Appeal history
None
CJEU's case law cited by the court
None
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 Rumanian spouses transacted in Spain. Applicable law dispute. The spouses had their habitual residence in Spain at the time they brought the civil action before Spanish courts.
Court decision: Spanish courts are competent to decide on the case according to art 3 a) of Brussels II a Regulation. According to the Spanish law, the law applicable is the Rumanian one.
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 Primera Instancia nº 2 de Alcalá de Henares (Spain) (First instance)
Date:09-03-2010