Rechtbank Roermond, uitspraak van 25/02/2009 86226 / FA RK 08-540
Decision by national courts in the field of European Union law — ECLI:NL:RBROE:2009:BH4472
Date: 2009-02-25
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82009NL0225(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The parties were husband and wife. Both parties and their child, a minor, possessed Dutch citizenship and were domiciled in Spain. On 16th April 2008, the husband filed an application with the Rechtbank of Roermond (NL) for both divorce and the assessment of child support. The wife challenged the jurisdiction of the court and pleaded conflicting lis pendens of a divorce proceeding in Spain. The divorce was filed on 3rd June 2008 in Spain. The wife alleged that the divorce proceedings in Spain were pending earlier as a result of an interim order already filed on 28th January 2008.
The Rechtbank of Roermond (NL) upholds its jurisdiction over the divorce proceedings under Article 3(1)(b) Brussels II bis Regulation because both husband and wife possess Dutch citizenship. According to Article 5(2) Brussels I Regulation the court also has jurisdiction over the secondary judgment regarding child support. Regarding a conflicting lis pendens under Article 19 Brussels II bis Regulation, the Rechtbank states that in both the Netherlands and Spain the divorce proceeding becomes pending on the submission of a written application to the court under Article 16(1)(a) Brussels II bis Regulation. Written application was submitted to the Rechtsbank of Roermond (NL) first. The date of pendency of the divorce proceeding in Spain is also not brought forward as a result of the pendency of the interim proceeding. According to Spanish procedural law the interim order had already lost effect when the divorce was submitted. It may therefore not be assumed that both proceedings constitute one uniform proceeding. The Rechtbank of Roermond (NL) declares itself competent, and holds that the proceedings before it were pending first in time within the meaning of Article 19 Brussels II bis Regulation.