PIL instrument(s)

Case number and/or case name

Luis Francisco vs. Valentina (2). Ref. JUR\2013\383917

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

06 November 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. Key facts: Divorce case and maintenance dispute transacted in Spain . The father and child are Spanish, the mother is from Venezuela. They all live in Spain Court decision: Spanish courts are competent to decide on divorce and parental responsibility matters according to arts. 3, 8 and 61 a) of Brussels II a Regulation (residence of the couple and child in Spain). Spanish courts are also competent to decide on maintenance matters according to art. 2.1 of Brussels I Regulation. 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. The court also applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized. Appeal history (not available in the database): Court decision: Juzgado Primera Instancia 3 Arenys de Mar (Spain). (First instance) Date: 14-05-2012