PIL instrument(s)

Case number and/or case name

Raimunda vs. Leandro. Ref. JUR\2014\178151

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

08 May 2014

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction on the basis of Brussels II a Regulation provisions. Divorce and parental responsibility case The matter of the case is a maintenance dispute concerning the daughter of a divorced couple with epilepsy. Court decision: Spanish courts are competent to decide on the case (divorce and parental responsibility) according to arts. 3, 8 and 61 a) of Brussels II a Regulation (residence of all the members of the family in Spain). Spanish courts are also competent to decide on maintenance matters and the use of the family house by the daughter according to art. 2.1 of Brussel I Regulation. 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. 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. Appeal history (not available in the database): Court decision: Juzgado Primera Instancia 6 Terrassa. (Spain). (First instance). Date: 21-05-2013