PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
Alejandra vs. Sabino. Roj: AJVM T 1/2015 - ECLI:ES:JVMT:2015:1A
Details of the court
Spain, First Instance
Articles referred to by the court
Hague Maintenance Protocol
Article 3
Paragraph 1
Paragraph 2
Date of the judgement
25 January 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
The matter of the case is a divorce and maintenance obligations dispute transacted in Spain. Key facts:The habitual residence of the creditor is in Cataluña (Spain). Dispute on the application of common law or regional law (Catalan one).The judge must determine 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 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 creditor is in Cataluña).

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