PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
Concepción vs. Basilio. Roj: SAP B 164/2015 - ECLI:ES:APB:2015:164
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Article 3
Paragraph 1
Paragraph 2
Article 4
Paragraph 3
Date of the judgement
07 January 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
The matter of the case is a parental responsibility and maintenance obligations dispute concerning the children of a divorced couple in Spain. Key facts:One of the children is living in China. Dispute on the law applicable to maintenance obligations (common or regional law). Court decision: according to arts. 3 and 4.3 of the Hague Maintenance Protocol 2007 (referred to by art. 15 of Brussels III regulation), Catalan law (Spanish regional law) is the law applicable to decide on maintenance obligations concerning the children that live in Spain and also as to the minor living in China. Appeal history (not available in the database): First instance court: Juzgado Violencia sobre la Mujer 2. Barcelona. Spain. Date: 06-11-2013

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