PIL instrument(s)

Case number and/or case name

María Inés vs. Gumersindo.Ref.JUR\2013\217345

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

14 May 2013

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction on the basis of Brussels II a Regulation provisions.Divorce case between two Moroccan spouses. One child in common. They all live in Spain. Court decision: Spanish courts are competent to decide on divorce and parental responsibility matters according to art. 5.2 of Brussels I Regulation and on maintenance matters according to arts. 3, 8 and 61 a) of Brussels II a Regulation. Applicable law: Moroccan one (Hague Maintenance Protocol (2007) had not come into force yet. 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 Primera Instancia 4 Vilanova i la Geltrú (Spain). (First instance). Date: 10-09-2011