PIL instrument(s)

Case number and/or case name

Nuria vs. Constantino. Roj: SAP B 273/2013 - ECLI:ES:APB:2013:273

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

08 January 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. The divorced couple and their children are living in Spain. Court decision: Spanish courts are competent to decide on the divorce case and parental responsibility matters according to arts. 3, 8 and 12.1 of Brussels II a Regulation. Spanish courts are also competent to decide on maintenance matters according to art 5.2 of Brussels I Regulation (residence of the creditor in Spain). 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 45 Barcelona (Spain).(First instance) Date: 14-09-2011