PIL instrument(s)

Case number and/or case name

Apolonia vs. Landelino. Roj: SAP B 14651/2013 - ECLI:ES:APB:2013:14651

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

17 December 2013

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.The proceedings have to do with a divorce case between two Bulgarian spouses transacted in Spain. Key facts: One of the spouses lives in Spain. The judge determines ex-officio the place of the habitual residence of the creditor in order to decide. Court decision: Although Spanish courts are competent to decide according to art. 3.1 a) of Brussels II a Regulation and art. 3.c of Maintenance Regulation (maintenance of the spouse), both parties have chosen Bulgarian courts to initiate divorce proceedings (art. 5 of Hague Maintenance Protocol). Concerning parental responsibility, Spanish courts are also competent to decide (art. 8 of Brussels II a Regulation) but the court declines its jurisdiction in favour of the Bulgarian courts in order to protect the best interest of the children. (arts. 15.1, 15.2 and 15.3 of Brussels II a Regulation) Children maintenance (parental responsibility): Bulgarian Courts must decide according to art 3 d) of Maintenance Regulation. The Spanish court awaits the Bulgarian Courts decision as to the competence of jurisdiction issue. In the meantime, the first instance Spanish court decision concerning the residence and maintenance of the children must be enforced. Appeal history (not available in the databse). Court decision: Juzgado Primera Instancia 16 Barcelona. Spain (First instance) Date: 19-11-2012