PIL instrument(s)

Case number and/or case name

Carina vs. Juan Francisco.Roj: SAP LE 203/2015 - ECLI:ES:APLE:2015:203 Id Cendoj: 24089370012015100039

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

26 February 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 between two Portuguese spouses in Spain. Both spouses have their habitual residence in Spain. The judge determines ex-officio the place of the habitual residence of the creditor in order to decide. Court decision: Spanish courts art competent to decide on the divorce on the base of the habitual residence of the defendant which is established in Spain, according to art. 3.1 a) of Brussels II a Regulation. Spanish courts should also decide on maintenance obligations according to art. 3 of Brussels III Regulation. The law applicable to maintenance obligations is the Spanish one according to art. 3 of the Hague Maintenance Protocol 2007 (referred to by art. 15 of Brussels III Regulation). Spain is the State of the habitual residence of the creditor. 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): First instance court: JUZGADO PONFERRADA 5. Spain. Date: 04-07-2014