Summary
The matter of the case is an applicable law dispute on the basis of Hague Maintenance Protocol 2007 provisions.
Key facts:Modification of maintenance obligations measures decided by a Spanish court. The divorced spouses are German and are living in Spain. Dispute on the law applicable to maintenance obligations.
Court decision: Spanish law is the applicable one to maintenance obligations according to art. 3 of the Hague Maintenance Protocol, nevertheless, the court consider the application of the exception contained in art. 5 of that Regulation with respect to ex-spouses.
Pursuant to art. 5, “Article 3 shall not apply if one of the parties objects and the law of another State, in particular the State of their last common habitual residence, has a closer connection with the marriage”.
The court comes to the conclusion that the case has a closer connection with German law (both ex-spouses are German, the marriage was celebrated in Germany and the children of the divorced couple were adopted in that Member State).
Appeal history (not available in the database):
First instance court: Juzgado de Primera Instancia 2 Esplugues de Llobregat. Spain.
Date: 08-05-2013