PIL instrument(s)
Brussels IIa
Case number and/or case name
Sofía vs. Hipólito.Roj: SAP IB 1467/2013 - ECLI:ES:APIB:2013:1467
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph a Indent 1
Paragraph 1 SubParagraph a Indent 2
Paragraph 1 SubParagraph a Indent 3
Paragraph 1 SubParagraph a Indent 4
Paragraph 1 SubParagraph a Indent 5
Paragraph 1 SubParagraph a Indent 6
Paragraph 1 SubParagraph b
Paragraph 2
Date of the judgement
19 June 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
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 German spouses living in n Spain. Court decision: the court decides that Spanish courts are competent to decide on the case according to art.3 of Brussels II a Regulation. The court applies correctly the general rules of the Regulation 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. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 4 de Manacor (Spain) (First instance) Date: 26-10-2012

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