PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
Rocío vs. Jorge.Roj: SAP B 4473/2012 - ECLI:ES:APB:2012:4473 Id Cendoj: 08019370122012100294
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 3
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
18 April 2012
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. Keyfacts: Divorce case between two Portuguese spouses living in Spain. Court Judgment: Spanish courts are competent in terms of jurisdiction according to Brussels II a Regulation (habitual residence of the divorced couple). Applicable law to divorce: Portuguese one (according to Brussels II a Regulation). Applicable law to the maintenance of the spouse: Spanish one, according to 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 avalable in the database): Court decision: Juzgado Primera Instancia 7 Mataró. Spain (First instance). Date: 25-02-2011

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