PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
Celia vs.Landelino.Roj: AAP B 4279/2011 - ECLI:ES:APB:2011:4279A Id Cendoj: 08019370122011200146
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 a Indent 1
Paragraph 1 SubParagraph a Indent 2
Paragraph 1 SubParagraph a Indent 3
Paragraph 1 SubParagraph a Indent 4
Paragraph 1 SubParagraph a Indent 5
Paragraph 1 SubParagraph a Indent 6
Paragraph 1 SubParagraph b
Paragraph 2
Article 6
Paragraph a
Paragraph b
Article 12
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 4
Date of the judgement
24 July 2011
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: Parental responsibility case. Divorce and maintenance case between two Spanish citizens living both in Bolivia. Court decision: Spanish Courts are competent to decide on the case (divorce and parental responsibility) according to arts. 3, 6 and 12 of Brussels II a Regulation. Spanish courts are also competent to decide on maintenance matters according to art. 5.2 of Brussels I 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 spouses are habitually resident. Appeal history (not available in the database): Court decision: Juzgado de primera instancia 18 Barcelona (Spain). (First instance). Date: 10-02-2010

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