Case number and/or case name
Beatriz vs. Máximo.Roj: AAP M 2876/2012 - ECLI:ES:APM:2012:2876A Id Cendoj: 28079370222012200052
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
22 February 2012
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions. Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
The matter of the case is a conflict of jurisdiction between Spain and Portugal and the enforcement of a foreign court decision on maintenance in Spain. The assests of the defendant are situated in Portugal.
Court decision: Portuguese courts are competent to decide on the enforcement of the assets of the defendant located in that country according to art. 22.5 of Brussels I Regulation.
In order to decide, the court applies Brussels I Regulation provisions on exclusive jurisdiction regardless of domicile.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 6 de los de Alcorcón (Spain) (First instance)
Date: 02-07-2010