PIL instrument(s)

Case number and/or case name

Angustia vs. Jenaro. Ref. JUR\2014\52976

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

16 January 2014

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 father is Algerian, the mother is Moroccan. The divorced couple and their two children 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 II a Regulation as well as on maintenance matters according to art 2.1 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 of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized. Appeal history (not available in the database): Court decision: Juzgado Primera Instancia 45 Barcelona (Spain). (First instance). Date: 23-01-2012