PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
Beatriz vs. Guillermo.Roj: SAP B 396/2013 - ECLI:ES:APB:2013:396
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 8
Paragraph 1
Paragraph 2
Date of the judgement
08 January 2013
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. Ket facts: Divorce case and maintenance dispute. Divorced couple from Honduras living in Spain with one child in common. Court decision: Spanish courts are competent to decide on divorce and maintenance matters according to arts. 3 and 8 of Brussels II a Regulation and art. 5.2 of Brussels I Regulation. The court 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: Juzgado Violencia sobre la Mujer 1 Barcelona (Spain) (First instance). Date: 07-10-2011

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