Visitación vs. Donato. Roj: SAP B 1967/2012 - ECLI:ES:APB:2012:1967
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
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SubParagraph a
Indent 2
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SubParagraph a
Indent 3
Paragraph 1
SubParagraph a
Indent 4
Paragraph 1
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Indent 6
Date of the judgement
20 March 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 Moroccan 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. The law applicable to the case is the Moroccan one (according to Spanish national law).
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 (which is Spain, in this particular case).
Appeal history (not available in the database):
Court decision: Juzgado Primera Instancia 6 Vilanova i la Geltrú (Spain) (First instance)
Date: 23-02-2011