PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
Marta vs. Tomás.Roj: SAP M 19780/2008 - ECLI:ES:APM:2008:19780 Id Cendoj: 28079370192008100598
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 2
Brussels IIa
Article 1
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 3 SubParagraph f
Paragraph 3 SubParagraph g
Date of the judgement
25 September 2008
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction. Recognition of a Bulgarian court decision on a divorce. The plaintiff requests the issuance of an exequatur and the application of Brussels II a Regulation to the case. Court decision: It is clear that the Bulgarian court decision must be recognised and enforced in Spain without an exequatur. Spanish courts are competent to decide on maintenance and divorce matters according to art. 5.2 of Brussels I Regulation. Spanish courts are competent in as much as the habitual residence of the creditor is located in Spain. Brussels II a Regulation is only applicable to divorce and not to maintenance matters. Appeal history (not available in the database): Court decision: JDO. PRIMERA INSTANCIA N. 44 de MADRID (Spain) (First instance) Date:01-02-2008

This website is written and maintained by the University of Aberdeen's Research Applications and Data Management Team