Raquel vs. Antonio.Roj: SAP HU 36/2012 - ECLI:ES:APHU:2012:36
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
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SubParagraph a
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SubParagraph a
Indent 3
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Date of the judgement
30 January 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 between two spouses from Ghana living in Spain. There is a court decision from Ghana deciding on the divorce not recognised by means of an exequatur.
Court decision: Spanish courts are competent to decide on the case according to art. 3.1 a) of Brussels II a Regulation (habitual residence of the spouses in Spain).
The court applies correctly the general rules of Brussels II a Regulation 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 e instrucción número 1 de Barbastro. (Spain) (First instance)
Date: 27-06-2011