Tribunal of the Roman Rota.Roj: STS 8256/2007 - ECLI:ES:TS:2007:8256 Id Cendoj: 28079110012007101311
Details of the court
Spain, Third Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 2
Article 44
Brussels IIa
Article 22
Paragraph a
Paragraph b
Paragraph d
Article 63
Paragraph 1
Paragraph 2
Paragraph 3
SubParagraph a
Paragraph 3
SubParagraph b
Paragraph 4
Paragraph 5
SubParagraph a
Paragraph 5
SubParagraph b
Date of the judgement
23 October 2007
Appeal history
None
CJEU's case law cited by the court
None
Summary
Recognition of a Tribunal of the Roman Rota decision in Spain (marriage annulment). The wife did not stand trial voluntarily.
Court decision: Brussels II a Regulation is applicable the case according to art. 63.
The concept of “default of appearance” is interpreted according to arts. 34.2 and 44 of Brussels I Regulation and 22 b) of Brussels II a Regulation.
The Tribunal of the Roman Rota decision is recognised in as much as none of the exceptions contained in arts. 22 a) and 22 d) are applicable.
Appeal history (not available in the database):
Court decision: Audiencia Provincial de Valencia, sección 10ª (Spain) (Second Instance).
Date:18-10-2006
Court decision: Juzgado n.º 4 de Torrent (Spain). (First instance)
Date:14-10-2005