PIL instrument(s)
Brussels IIa
Maintenance Regulation
Case number and/or case name
Antón.Roj: AAP M 3238/2010 - ECLI:ES:APM:2010:3238A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
25 February 2010
CJEU's case law cited by the court
Summary
The proceedings have to do with a conflict of jurisdiction based on the application of Brussels II a Regulation and Maintenance Regulation Brussels III Regulation) provisions.
The matter of the case is a child maintenance dispute transacted in Spain.
Key facts:The child is living in Germany. The father is resident in Spain.The judge determines ex-officio the place of the habitual residence of the creditor in order to decide.
Court decision: the court comes to the conclusion that German courts are competent to decide on parental responsibility according to art. 8 of Brussels II a Regulation and art. 3 a) and 3 b) of Maintenance Regulation (not yet into force at that time) in as much as the residence of the creditor is in Germany.
The court applies correctly the general rules on jurisdiction in matters relating to maintenance obligations over a child who is habitually resident in a Member State at the time the court is seised.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 80 de los de Madrid (Spain). (First instance)
Date: 29-07- 2009.