Case number and/or case name
DGRN. Administrative decision. Date: 27-07-2012. (BOE. N. 240 Sec. III. Pág. 71054. Date of publication: 05-10-2012)
Summary
The matter of the case is the registration in Spain of an immovable propriety in the context of a divorce case. Application of Brussels II a Regulation provisions to the case.
Key facts:There is a British court decision on the divorce (between two British spouses). The Spanish Propriety Registry denies the inscription and asks for the legalisation of the signature by a notary, according to national law. The plaintiff invokes arts. 37 and 52 of Brussels II a Regulation.
Administrative decision (second instance): the first instance administrative decision must be confirmed taking into account arts. 1,1, 21, 22, 25, 26, 37, 39, 52, 59 and 72 of Brussels II a Regulation. In that sense, some Court of Justice of the European Union ´s case law is cited by the court: Cases: C-388/92, C-443/03 y C-185-2007.
The court points out that according to Brussels II a Regulation, national legislations are free to establish the requirements for the registration always respecting the “useful effect” of the European instruments.
Appeal history (not available in the database):
Administrative decision: Registro de la Propiedad de Jávea nº 1 (Spain)
Date: 07-05-2012