PIL instrument(s)

Case number and/or case name

Constanza vs. Luis Enrique. Ref. JUR\2007\262864

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

06 November 2006

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Divorce case between two Moroccan spouses transacted in Spain. The marriage took place in Morocco. The plaintiff (wife) was living in Spain for more than one year at the time she brought the divorce action before justice. Court decision: Spanish courts are not competent to decide on the case because Brussels II a Regulation is only applicable to Member States cases. The plaintiff and the defendant are Moroccan and the marriage was celebrated in Morocco. The court makes a wrong interpretation of the provisions of Brussels II a Regulation on jurisdiction. Spanish court should have been competent to decide on the case according to art. 3 of that Regulation, taking into account that the plaintiff was living in Spain for more than one year at the time she brought the divorce action before justice