PIL instrument(s)

Case number and/or case name

Rocío vs. Eusebio.Roj: SAP B 9458/2014 - ECLI:ES:APB:2014:9458

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

29 September 2014

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction on the basis of Brussels II a Regulation provisions. Key facts: Divorce case between two Moroccan spouses living in Spain. Court decision: Spanish courts are competent to decide on the case according to Brussels II a Regulation (generic reference). It has been proved that the couple had their habitual residence 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 only makes a generic reference to the application of Brussels II a Regulation provisions to the case (the court does not cite any particular article of Regulation (EC) No 2201/2003). Appeal history (not available in the database): Court decision: Juzgado Primera Instancia 4 Mataró (Spain) (First instance) Date: 17-10-2012