PIL instrument(s)

Case number and/or case name

Valentín vs. Cristina. Roj: AAP M 6223/2012 - ECLI:ES:APM:2012:6223A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

15 April 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 case transacted in Spain. The defendant is living in the United States of America. Court decision: the court decides that Spanish courts are not competent to decide on the case according to art. 3 of Brussels II a Regulation for the habitual residence of the defendant is in theUnited States of America . The court applies correctly the 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 respondent is habitually resident. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 85 de los de Madrid. (Spain) (First instance) Date: 28-10-2010