Case number and/or case name
Fermina vs. Adriano. Roj: AAP B 5237/2012 - ECLI:ES:APB:2012:5237A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 3
Paragraph 1
SubParagraph a
Indent 5
Date of the judgement
17 July 2012
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 Bolivian Spouses transacted in Spain. The wife lives in Spain.
Court decision: the court decides that Spanish courts are competent to decide on the case according to arts. 3 a) 5 and 3 a) 3 of Brussels II a Regulation (the wife lives in Spain for more than one year before she brought the civil action before justice).
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 applicant is habitually resident if he or she resided
there for at least a year immediately before the
application was made.
Appeal history (not available in the database):
Court decision: JUZGADO PRIMERA INSTANCIA 5
SANT FELIU DE LLOBREGAT (Spain) (First instance)
Date: 15-07-2011