PIL instrument(s)

Case number and/or case name

Casiano vs. Elías. Ref. JUR\2013\331825

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

18 July 2013

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction on the basis of Brussels II a Regulation provisions. Key facts: Divorce case and maintenance dispute between two Moroccan spouses living in Spain. Court decision: Spanish courts are competent to decide on divorce and parental responsibility matters according to arts. 3, 8 and 61 a) of Brussels II a Regulation. Spanish courts are also competent to decide on the spouse and child maintenance according to art. 5.2 of Brussels I Regulation. The law applicable is the Moroccan one. 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 and in matters relating to maintenance, in the rules to determine the courts for the place where the maintenance creditor is domiciled or habitually resident. Appeal history (not available in the database): Court decision: Juzgado Primera Instancia 5 Sant Feliu de Llobregat (Spain). (First Instance) Date: 20-02-2012