PIL instrument(s)
Brussels IIa
Maintenance Regulation
Hague Maintenance Protocol
Case number and/or case name
Daniel vs. Ramona.Roj: SAP B 10679/2012 - ECLI:ES:APB:2012:10679
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
22 October 2012
CJEU's case law cited by the court
Summary
The proceedings have to do with a conflict of jurisdiction based on the application of Brussels IIa Regulation provisions.
Key facts: Applicable law dispute on the basis of Hague Maintenance Protocol provisions. Divorce case transacted in Spain.
The matter of the case is a maintenance dispute between the husband, who is living in the UK, and the spouse who lives in Spain. The last habitual residence of the children of the divorced couple was in Spain. The judge must determine the place of the habitual residence of the creditor in order to decide.
Court decision:
The court decides that the law applicable to maintenance obligations is the Spanish one, according to Maintenance Regulation and Hague Maintenance Protocol.
The court decides that Spanish courts are also competent to decide on the case according to arts. 8 and 9 of Brussels IIa Regulation.
The court applies the general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seised.
The court only makes generic reference to the provisions of Hague Maintenance Protocol and Maintenance Regulation (Brussels III) in order to decide on the case.
Appeal history (not available in the database):
Court decision: Juzgado Primera Instancia 7 Badalona. (Spain). (First instance).
Date: 26-07-2011