Case number and/or case name
Lidia vs. José Luis.Roj: AAP V 409/2011 - ECLI:ES:APV:2011:409A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 19
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
20 June 2011
CJEU's case law cited by the court
Summary
Maintenance obligations case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.
The matter of the case is the modification of maintenance measures concerning the child of a divorced couple decided by a first instance court. The plaintiff asks for a preliminary ruling of the Court of Justice of the European Union concerning the interpretation of arts.8 and 19 of Regulation (EC) No 2201/2003. He also alleges the existence of lis pendens (other proceedings already started in Portugal).
Court decision: the court does not grant the request for the reference for a preliminary ruling of the Court of Justice of the European Union made by the plaintiff for the court considers that there is no contradiction between European Law (arts. 8 and 19 of Brussels II a Regulation) and national law.
The court does not estimate the existence of lis pendens either because the plaintiff did not provided documents that proved the existence of a legal request on maintenance obligations in Portugal and anyway, this fact is irrelevant for the modification of maintenance measures.
Appeal history (not available in the database):
Court decision: Juzgado de Violencia sobre la Mujer número 3 de VALENCIA (Spain) (First instance)
Date:24-11-2010