PIL instrument(s)

Case number and/or case name

Virgilio vs. Eufrasia. Roj: AAP M 11719/2012 - ECLI:ES:APM:2012:11719A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

19 July 2012

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 between two spouses from Uruguay in Spain. The marriage was celebrated in Uruguay. A Spanish administrative authority asks for the previous registration of the marriage in Spain. Court decision: the court decides that Spanish courts are competent to decide on the case according to art. 3 of Brussels II a Regulation (residence of the family located in Spain). The previous registration of the marriage celebrated in Uruguay is not necessary or compulsory to open a judicial process in Spain. The court applies correctly the 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 5 de Collado Villalba (Spain) (First instance) Date: 29-07-2011