EUPillar Herminio.Roj: AAP B 89/2015 - ECLI:ES:APB:2015:89A Id Cendoj: 08019370182015200004

Summary

The proceedings have to do with a conflict of jurisdiction on the basis of Brussels II a Regulation and Maintenance Regulation provisions. The matter of the case is in respect to a maintenance and parental responsibility dispute transacted by Spanish courts. Key facts: Dispute concerning the determination of the habitual residence of the minor. The judge must determine the place of the habitual residence of the creditor in order to decide. Court decision: the court comes to the conclusion that the habitual residence of the minor is in Spain. The court cites CJEU´s case law on the interpretation of the concept of “habitual residence” (Case C-656/2013). As a consequence, Spanish courts are competent to decide on maintenance obligations (according to art. 3 d) of Brussels III Regulation) and on parental responsibility (according to art. 8 of Brussels II a Regulation). The court applies correctly the general rules on jurisdiction in matters of parental responsibility and maintenance obligations over a child (creditor) who is habitually resident in a Member State at the time the court is seised. Appeal history (not available in the database): First instance court: Juzgado de Primera Instancia n. 3 El Prat de Llobregat. Spain Date: 22-7-2014