PIL instrument(s)
Maintenance Regulation
Hague Maintenance Protocol
Case number and/or case name
María Juana vs. Blas.Roj: SAP B 8063/2015 - ECLI:ES:APB:2015:8063 Id Cendoj: 08019370122015100479
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
28 July 2015
CJEU's case law cited by the court
Summary
The matter of the case is a conflict of jurisdiction and an applicable law dispute on the basis of Hague Maintenance Protocol 2007 and Maintenance Regulation (Brussels III) provisions.
Key facts:Divorce and maintenance case between two German spouses resident in Spain at the time the divorce proceedings were started. The husband transfers his habitual residence to Germany and starts another divorce proceeding in that Member State. The wife and the children of the divorced couple have their habitual residence in Spain. Conflict of jurisdiction.
Court decision: Spanish courts are competent to decide on maintenance matters according to Brussels III Regulation. The law applicable to maintenance is the one referred to by the Hague Maintenance Protocol 2007 (Spanish law).
The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised.
The court also 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.
The court only makes generic references to these two legal instruments (Hague Maintenance Protocol and Brussels III Regulation).
Appeal history (not available in the database):
First instance court: Juzgado Primera Instancia 3 Rubí. Spain
Date: 10-07-2013