EUPillar Romeo vs. María Antonieta. Roj: AAP B 1866/2012

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. The wife is from the United Kingdom. The family lives in China. A first instance Spanish court decided that Spanish courts were not competent to decide on the case but nevertheless, the court decides a series of interim measures on the basis of art. 20 of Brussels II a Regulation. Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case according to art. 8.1 of Brussels II Regulation. The court considers that the habitual residence in Spain of the family was not proved by the spouses. As a consequence, the first instance Spanish court decision must be confirmed entirely. In order to decide, the court makes a correct interpretation of the general rule on jurisdiction of Brussels II a Regulation according to which the courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised (which was not the case, as the children of the divorced couple were living in China). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 14 de Barcelona (Spain) (First instance) Date: 21-02-2011