David vs. Felicísima.Roj: SAP B 4478/2012 - ECLI:ES:APB:2012:4478 Id Cendoj: 08019370122012100299
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
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Brussels IIa
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Date of the judgement
02 May 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.
The matter of the case is a modification of maintenance and visitation measures in the context of a divorce case between two Moroccan spouses living in Spain.
Court decision: Spanish courts are competent to decide on the case according to arts. 3.1 and 8 of Brussels II a Regulation (habitual residence of the family located in Spain) and art. 5.2 of Brussels I Regulation (maintenance support).
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.
The court also applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized.
Appeal history (not available in the database):
Court decision: Jutjat Primera Instància 2 Sant Feliu de Llobregat (Spain) (First instance)
Date: 15-02-2011