Lucas vs. Irene.Roj: SAP B 7148/2011 - ECLI:ES:APB:2011:7148
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 2
Article 26
Paragraph 1
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
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
Article 17
Date of the judgement
20 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: Divorce and maintenance case between two German spouses. A Spanish court decided on the divorce. The children of the divorced couple live in Germany. Appeal against the Spanish court decision.
Court decision: Spanish courts are not competent to decide on maintenance actions following art. 8 of Brussels II a Regulation (the exceptions contained in art. 12 are not applicable). The court examines its jurisdiction ex officio according to art. 17. The best benefit for the children must be applied (Recital n. 12 of Brussels II a Regulation).
Furthermore, Spanish courts are not competent to decide on the case according to art. 5.1 of Brussel I Regulation (the minors live in Germany). The court examined its own jurisdiction ex officio according to art. 26.1 of that Regulation.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia 2 Granollers (Spain) (First Instance)
Date: 30-06-2010