PIL instrument(s)

Case number and/or case name

Eloísa vs. Argimiro. Reference: JUR\2013\342569

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

17 September 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 and parental responsibility case transacted in Spain. The mother and the child are Spanish, the father is Argentinean. Court decision: the court decides that Spanish courts are competent to decide on divorce and parental responsibility matters according to art. 3 a) and 8 and 61 a) of Brussels II a Regulation. Spanish courts are also competent to decide on maintenance matters according to art. 3 b) of Brussels III 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 the 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 inte database): Court decision: JUZGADO PRIMERA INSTANCIA 2 ARENYS DE MAR. (Spain) (First instance) Date: 15-02-2012