PIL instrument(s)
Brussels IIa
Case number and/or case name
Piedad vs. Onésimo.Roj: SJVM T 2/2012 - ECLI:ES:JVMT:2012:2
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph a Indent 1
Paragraph 1 SubParagraph a Indent 2
Paragraph 1 SubParagraph a Indent 3
Paragraph 1 SubParagraph a Indent 4
Paragraph 1 SubParagraph a Indent 5
Paragraph 1 SubParagraph a Indent 6
Paragraph 1 SubParagraph b
Paragraph 2
Date of the judgement
21 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 spouses, nationals from Uruguay and Spain. The habitual residence of the couple is 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 in as much as the habitual residence of the spouses in Spain. The court applies correctly the general rules on jurisdiction of Brussels II a Regulation 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.

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