Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a divorce proceedings transacted between two Moroccan spouses. The spouses have two children in common who live in Spain.
Court decision: Spanish courts are competent to decide on the case according to art. 5.2 of Brussels I Regulation (residence of the children in Spain).
The law applicable to the case is the Moroccan one , in as much as Maintenance Regulation had not yet come into force.
In order to decide, the court applies Brussels I Regulation provisions on special jurisdiction according to which a person domiciled in a Member State may, in another Member State, be sued, in matters relating to maintenance, in 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 Vilanova i la Geltrú (Spain) (First instance)
Date: 17-11-2011