Lourdes vs. Lucio.Roj: SAP MU 1392/2012 - ECLI:ES:APMU:2012:1392
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
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Date of the judgement
30 May 2012
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 decides that Spanish courts are competent to decide on the case according to art. 3.1 of Brussels II a Regulation (habitual residence of the spouses in Spain). By the way, the court adds that the spouses proved their Spanish nationality.
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 Civil nº 2 de Caravaca de la Cruz (Spain) (First instance)
Date: 07-12-2011