PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
Humberto vs. Ana. Roj: SJVM T 87/2015 - ECLI:ES:JVMT:2015:87
Details of the court
Spain, First Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
31 August 2015
CJEU's case law cited by the court
Summary
The matter of the case is an applicable law dispute on the basis of Hague Maintenance Protocol 2007 provisions.
Key facts:Divorce, parental responsibility and maintenance obligations case. The habitual residence of the creditors is in Cataluña (Spain). Dispute on the application of common law or regional law (Catalan one). The judge determines ex-officio the place of the habitual residence of the creditor in order to decide.
Court decision: the law applicable to maintenance obligations is the Spanish one, according to art. 3.1 of the Hague Maintenance Protocol 2007.
On the base of national law, the court decides that the Catalan law is the applicable one to the case instead of common law (the habitual residence of the creditors is in Cataluña).
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):
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.