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 between two spouses from Spain and Portugal transacted in Spain. Lis pendens. The plaintiff requests a preliminary ruling of the Court of Justice of the European Union on the seising of a court for there are other divorce proceedings started in Portugal on the same cause.
Court decision: the court estimates that Spanish courts are competent to decide on the case according to art. 19 of Brussels II a Regulation (the wife brought the divorce action before Spanish justice one day before the husband did in Portugal).
The court does not accept the petition of a preliminary ruling of the Court of Justice of the European Union on the basis of arts. 16, 10 and 8 of Brussels II a Regulation.
In order to decide, the court makes an effective interpretation of Brussels II a provisions on lis pendens and dependent actions according to which where proceedings relating to divorce, legal separation or
marriage annulment between the same parties are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such
time as the jurisdiction of the court first seised is established.
Pursuant to art. 19 of the Regulation, where the jurisdiction of the court first seised is established, the court second seised shall decline jurisdiction in favour of that court. In that case, the party who brought the relevant action before the court second seised may bring that action before the court first seised.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 79 de los de Madrid (Spain) (First instance)
Date: 26-10-2012