PIL instrument(s)

Case number and/or case name

Guillermina vs. David. Ref. JUR\2013\343247

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

17 September 2013

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction based on the application of Brussels II a Regulation provisions. Key facts: Divorce case between two Moroccan spouses living in Spain. The children of the divorced couple also live 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 IIa Regulation and on maintenance matters according to art. 5.2 of 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. 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 ,and in matters relating to maintenance, 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 de Instrucción nº. 6 Arenys de Mar. Exclusivo violencia sobre la mujer (Spain). (first instance). Date:07-05-2012