PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
Eulalia vs. Cecilio. Roj: STSJ AR 1261/2015 - ECLI:ES:TSJAR:2015:1261
Details of the court
Spain, Third Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
05 October 2015
CJEU's case law cited by the court
Summary
The matter of the case is a parental responsibility and maintenance obligations dispute.
Key facts:The spouses are not Spanish nationals but have their habitual residence in Aragón (Spain). The minors also have their habitual residence in Aragón. Dispute on the law applicable to maintenance obligations (common or regional law). The judge must determine the place of the habitual residence of the creditors in order to decide.
Court decision: Spanish law is applicable to maintenance obligations according to art. 3.1 of the Hague Maintenance Protocol 2007 (law of the State of the habitual residence of the creditor, that is to say, Spain).
On the base of that article, the court decides that the Spanish law applicable to the case is the regional one (Aragon law), because Aragón is the Spanish region where the children are living habitually.
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 Violencia sobre la Mujer núm. Dos de Zaragoza. Spain.
Second instance court: Sección Segunda de la Audiencia Provincial de Zaragoza.
Date: 29-04-2015.