PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
Franco vs. Teresa.Roj: SAP B 3857/2015 - ECLI:ES:APB:2015:3857
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
19 April 2015
CJEU's case law cited by the court
Summary
The proceedings have to do with an applicable law dispute on the basis of Hague Maintenance Protocol 2007 provisions.
The matter of the case is a parental responsibility and maintenance obligations dispute.
Key facts:The claimant asks for a reduction of his son´s alimony. The creditor has his habitual residence in Spain. The judge determines ex-officio the place of the habitual residence of the creditor in order to decide.
Court decision: the law applicable to the case is the Spanish one according to art. 3 of the Hague Maintenance Protocol (referred to by art. 15 of Brussels III Regulation) (law of the State of the habitual residence of the creditor, that is to say, Spain).
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. 14 de Barcelona. Spain.
Date: 19-02-2013