Pura vs. Juan Luis.Roj: SAP B 12498/2013 - ECLI:ES:APB:2013:12498
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
12 November 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 spouses from Poland. The whole family live in Spain.
Court decision: Spanish courts are competent to decide on the case but the applicable law to divorce is the Polish one.
Spanish courts are also competent to decide on parental responsibility and maintenance matters according to art. 3.1 a) of Brussels II a Regulation (habitual residence of the children in Spain).
The court applies 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 16 Barcelona (Spain) (First instance)
Date: 21-05-2012