PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
Enma vs. Leoncio.Roj: AAP TF 4123/2009 - ECLI:ES:APTF:2009:4123A Id Cendoj: 38038370042009200248
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 32
Brussels IIa
Article 21
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
24 November 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
Divorce case between two Belgian spouses. Non bis in idem. Lis pendens. A Belgian court decided on the divorce and the liquidation of the conjugal community. A first instance Spanish court decided on the case but noticed the existence of a previous foreign court decision and a pending liquidation of the community property in Spain. Court decision (second instance): the court decides that the first instance court decision must be confirmed. The Belgian court decision must be recognised and enforced without any particular procedure according to arts. 21 of Brussels II a Regulation and art. 32 of Brussels I Regulation. The liquidation of the joint property decided by the Belgian court must come to an end in Spain. Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia núm. 4 de Arona (Spain) (First instance) Date:13-03-2009

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