Justiniano vs. Melisa (2).Roj: SAP MU 2442/2013 - ECLI:ES:APMU:2013:2442
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
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Date of the judgement
09 October 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction on the basis of Brussels II a Regulation provisions.
Key facts: Divorce case between two Spanish spouses living in Spain. A French court decision is waiting to be enforced in Spain (the foreign court decided that the husband should pay a monthly maintenance of 2. 500 euros to the spouse).
Court decision: the court decides that Spanish Courts are competent to decide on the divorce case according to art. 3.1 of Brussels II a Regulation and that the law applicable to the case is the Spanish one.
Nevertheless, Spanish courts cannot review the French court decision according to Maintenance Regulation (EC 4/2009).
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 spouses are habitually resident (Spain, in this particular case).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 9 (Familia) de Murcia (Spain). (First instance)
Date: 09-01-2013