PIL instrument(s)

Case number and/or case name

Amelia vs. Rubén.Roj: AAP CA 486/2005 - ECLI:ES:APCA:2005:486A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

14 September 2005

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Appeal against a Spanish court decision including an injuctive relief (maintenance support in the context of a divorce case). The plaintiff alleges that there is an existing British court decision (previous to the injunctive relief decided by a Spanish court). Court decision: Spanish Courts are competent to decide on the case according to Brussels II a Regulation (injuctive relief) and arts. 31 (injuctive relief), 24 and 22.5 of Brussels I Regulation (enforcement of the court decision in Spain). Brussels I Regulation is not applicable to decide on the enforcement of the British court decision because the divorce action was brought in the year 2001 (Arts. 66 and 76 of Brussels I Regulation). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia de Puerto Real DOS (Spain). (First instance) Date:27-10-2004