PIL instrument(s)

Case number and/or case name

Mercedes vs. José Francisco.Ref. JUR\2014\21335

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

18 December 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. Parental responsibility case. Maintenance dispute. The father is Spanish; the mother is from the U.S.A. One daughter. The whole family 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. The court is also competent to decide on maintenance matters according to art 2.1 of Brussels I Regulation (habitual residence of the creditor). The court 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. Appeal history (not available in the database): Court decision: Juzgado Primera Instancia 2 Sant Boi de Llobregat (Spain). (First instance) Date: 06-06-2012