PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
Iván vs. Crescencia. Roj: AAP B 6635/2010 - ECLI:ES:APB:2010:6635A Id Cendoj: 08019370122010200246
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 2
Brussels IIa
Article 3
Paragraph 1 SubParagraph b
Article 8
Paragraph 1
Paragraph 2
Date of the judgement
19 December 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction on the basis of Brussels II a Regulation provisions. Key facts: Divorce case. Child maintenance dispute. The father is Spanish, the mother lives in the UK. Court decision: Spanish courts are competent to decide on divorce and child maintenance matters according to art. 5.2 of Brussels I Regulation and arts 3 b) and 8 of Brussels II a Regulation. 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 respondent is habitually resident. Appeal history (not available in the database). Court decision: Juzgado primera instancia 3. Gavà (Spain). (First instance) Date: 20-01- 2010.

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