Graciela vs. Alonso.Roj: AAP M 2528/2011 - ECLI:ES:APM:2011:2528A
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph a
Indent 1
Paragraph 1
SubParagraph a
Indent 2
Paragraph 1
SubParagraph a
Indent 3
Paragraph 1
SubParagraph a
Indent 4
Paragraph 1
SubParagraph a
Indent 5
Paragraph 1
SubParagraph a
Indent 6
Date of the judgement
12 May 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
Application of Brussels IIa Regulation provisions to the enforcement in Spain of an Austrian court decision on maintenance (child of a divorced couple).
Kay facts:The father of the minor is a Spanish diplomat living in New Zealand for employment reasons. The mother is from the USA and lives in France.
Court decision: the court decides that Spanish courts are not competent to decide on the enforcement of the foreign court decision according to art 3.1 a) of Brussels II a Regulation (the defendant does not live in Spain).
The court took into account Brussels II a Regulation provisions on jurisdiction that shall lie with the courts of the Member State in whose territorythe respondent is habitually resident.