PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
Apolonio vs. Azucena. Roj: SAP Z 2194/2013 - ECLI:ES:APZ:2013:2194
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
25 November 2013
CJEU's case law cited by the court
Summary
The matter of the case is an applicable law dispute in the context of a divorce case concerning maintenance obligations on the basis of Hague Maintenance Protocol 2007. Key facts: Divorce case between two Colombian spouses with one son in common. All the members of the family live in Spain. The judge determines ex-officio the place of the habitual residence of the creditors in order to decide.
Court decision: the court decides that Spanish law is applicable to maintenance obligations as to the son of the divorced couple. The court decides according to arts. 1, 2 and 3 of Hague Maintenance Protocol (2007) and taking into account that the residence of the creditor is in Spain.
The court applies the general rule on the law applicable to maintenance obligations, that shall be governed by the law of the State of the habitual residence of the creditor (Spain).
Appeal history (not available in the database):
Court decision: Jdo. primera Instancia n. 13 de Zaragoza (Spain). (First instance)
Date:22-05-2013