Extra-community international lis pendes: an ignored allegation (Decision of the Provincial Court of Barcelona of 30 May 2019)

Abstract

The commented sentence resolves, in a confirmatory sense, the appeal filed against an instance judgement declaring the dissolution of a marriage celebrated in Israel and adopting the man­datory measures regarding the common child. Among the grounds of appeal, the appellant alleges the existence of a pending divorce process in Israel, which constitutes a situation of international litigation governed by article 39 Act 29/2015 of July 30. But the Provincial Court of Barcelona ignores the pre­cept, limiting itself to rejecting the application of article 19 of Regulation 2201/2003, since it is not an intra-community litigation case. A correct but incomplete reasoning, which leaves precisely the resolu­tion of the true legal issue raised in the litigation.