Camila vs. Francisco.Roj: SAP GU 229/2013 - ECLI:ES:APGU:2013:229
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
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SubParagraph a
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SubParagraph a
Indent 3
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Date of the judgement
01 May 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
The matter of the case is an applicable law dipsute and a 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 Ecuadorian spouses living in Spain.
Court decision: the court estimates that Spanish courts are competent to decide on the case according to art. 3.1 a) of Brussels II a Regulation. The law applicable to the case is the Ecuadorian one (the court decides on the basis of Spanish law).
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: JDO.PRIMERA INSTANCIA N.1 de GUADALAJARA (Spain) (First instance)
Date: 02-07-2012