REVIEW CASES

1. Two Swiss citizens married in Geneva in 2010. They have been living in Almeria since
2021. The husband wishes to file for divorce. Please indicate:
 Is Regulation 1215/2012 applicable?
 Do the Spanish courts have jurisdiction to decide on this divorce?
 divorce?

2. A dispute of incapacitation of an English citizen with habitual residence in Marbella

before the Spanish courts. The said citizen has all his assets in England. The defendant
requests the Spanish court to declare itself incompetent in favor of the English judges,
as he considers that the case is more connected with England than with Spain. Indicate:
 Is Regulation 1215/2012 applicable?
 Do the Spanish courts have jurisdiction to decide on this issue?
 Will the Spanish judges decline jurisdiction in favor of the English judge?)

3. A Saharawi stateless, arrives by boat in Motril (Granada). He begins to work, without a

work permit picking tomatoes. After ten months in Spain, a Moroccan woman files a
lawsuit against him on behalf of her son, requesting the paternity of the child with
respect to the stateless person. Indicate:
 Is LOPJ aplicable?
 Does the defendant have his domicile in Spain?
 Do the Spanish Courts have jurisdiction?

4. The company TURK, with its registered office in Turkey, has filed a lawsuit in a
Spanish court against YORK, a company with its registered office in New York, for
breach of a contract signed in Madrid (the obligations of which were to be fully
performed in Spain).

The contract contained a clause expressly submitting any disputes arising from the
contract to the courts of Ankara.
 Is Regulation 1215/2012 applicable?
 Do the Spanish courts have jurisdiction to hear the dispute;
 What attitude should the Spanish court observe if the plaintiff
 What would be the answer if the defendant company had its statutory seat in Paris
and the submission had been made in favor of the courts of Ankara?

5. An English citizen with domicile in Dublin is sued before a court of said city by a
Spanish citizen with habitual residence in Dublin. The plaintiff is claiming 50,000 euros
for damages arising from a traffic accident in Rio de Janeiro caused by the defendant.
 Is the Brussels I-bis Regulation applicable to this case?
 Can the Irish court declare itself incompetent to hear the case and refer it to the
Brazilian or Spanish courts?
 Are the Spanish courts competent to hear this case?