PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
Celestino vs. Cecilia.Roj: SAP B 201/2015 - ECLI:ES:APB:2015:201
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
20 January 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:Divorce between Ecuadorian spouses living in Spain. The habitual residence of the creditor is in Spain. The judge determines ex-officio the place of the habitual residence of the creditor in order to decide.
An Ecuadorian court had ruled previously on the divorce and on maintenance obligations. Nevertheless, the judgement has not been recognised in Spain up to date.
Court decision: According to art. 3 of the Hague Maintenance Protocol, Spanish law is the law applicable to decide on maintenance obligations (law of the State of the habitual residence of the creditor, that is to say, Spain).
Appeal history (not available in the database):
First instance court: Juzgado Violencia sobre la mujer 1. Sant Feliu de Llobregat. Spain.
Date: 07-03-2014