PIL instrument(s)

Case number and/or case name

Fulgencio vs. Carlota. Roj: AAP M 18931/2012 - ECLI:ES:APM:2012:18931A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

12 November 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 and parental responsibility case transacted in Spain. Conflict of jurisdiction between Spain and Luxemburg. The spouses and their children are all living in Spain. Court decision: Spanish courts are competent to decide on the case according to art. 3 of Brussels II a Regulation (habitual residence of the family located in Spain). The short time that the family spent in Luxemburg cannot be taken into consideration in order to determine the habitual residence in that country. 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 Colmenar Viejo (Spain) (First instance) Date: 03-10-2011