PIL instrument(s)

Case number and/or case name

Evangelina vs. Benjamín.Roj: SAP B 2100/2015 - ECLI:ES:APB:2015:2100 Id Cendoj: 08019370182015100095

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

01 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 and maintenance obligations case. Both spouses are Peruvian and had their habitual residence in Spain at the time the divorce proceedings were started. The habitual residence of the couple´s child has changed from Spain to Peru. Conflict of jurisdiction. Court decision: Spanish courts are competent to decide on the divorce 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 Peruvian one according to art. 3 of the Hague Maintenance Protocol 2007 (referred to by art. 15 of Brussels III Regulation).In the case of a change in the habitual residence of the creditor, the law of the State of the new habitual residence shall apply as from the moment when the change occurs. 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 de Primera Instancia n.1 de Vilafranca del Penedés. Spain Date: 17-05-2013