Florencia vs. Nicolás.Roj: AAP M 7718/2011 - ECLI:ES:APM:2011:7718A
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
26 May 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 transacted in Spain between two Ecuadorian spouses living in Spain.
Court decision: the court estimates that Spanish courts are competent to decide on the case according to art 3 a) of Brussels II a Regulation (habitual residence in Spain). The applicable law is the Ecuadorian one according to Spanish law. The proof of the foreign law can be credited by the court at its own initiative.
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 los de Parla (Spain) (First instance)
Date:30-06-2009