PIL instrument(s)

Case number and/or case name

José Daniel vs. Luis Alberto. Roj: SJVM B 45/2015 - ECLI:ES:JVMB:2015:45 Id Cendoj: 08073480042015100005

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

14 July 2015

Appeal history

CJEU's case law cited by the court

Summary

The matter of the case is a conflict of jurisdiction on the basis of Brussels II a Regulation provisions and an applicable law dispute on the basis of Hague Maintenance Protocol 2007 and Maintenance Regulation (Brussels III) provisions. Key facts:Divorce, maintenance and parental responsibility case. One of the spouses is from Ghana, the other is Spanish. The whole family had their habitual residence in Spain at the time the proceedings were started. Conflict of jurisdiction. Court decision: Spanish courts are competent to decide on parental responsibility according to art. 8.1 of Brussels II a Regulation. Spanish courts are also competent to decide on maintenance obligations (children of the divorced couple) according to arts. 3 a) and 15 of Brussels III Regulation (court for the place where the defendant is habitually resident, that is to say, Spain). The law applicable to maintenance obligations is the Spanish one according to art. 3 of the Hague Maintenance Protocol 2007. 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. Appeal history (not available in the database): Juzgado de Primera Instancia e Instrucción número 4 de Cornellà de Llobregat. Spain. Date: 15-10-2014