PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
Tarsila.Roj: SAP B 2863/2015 - ECLI:ES:APB:2015:2863
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
24 March 2015
CJEU's case law cited by the court
Summary
The following proceedings are a an applicable law dispute on the basis of Hague Maintenance Protocol 2007 and Maintenance Regulation (Brussels III) provisions.
The matter of the case is a maintenance and a parental responsibility proceedings concerning a minor that has her habitual residence in Spain. The father of the child is in prison.
Court decision: the court decides that Spanish law is the applicable one to maintenance obligations according to art. 3 of the Hague Maintenance Regulation (referred to by art. 15 of Brussels III Regulation).
The court 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.18 de Barcelona. Spain
Date: 25-09-2013