EUPillar Erica vs. Romualdo.Roj: SAP GI 814/2013

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Applicable law dispute on the basis of Maintenance Regulation (Brussels III) provisions. Key facts: Divorce case between two Moroccan spouses transacted in Spain. The spouses are not living in Spain. The child of the divorced couple has his habitual residence in Spain. Court decision: the court comes to the conclusion that Brussels II a Regulation is not applicable to the divorce according to art. 2 (for the divorced couple not resident in Spain). Nevertheless, Spanish courts are competent to decide on child maintenance matters in as much as the residence of the creditor is in Spain. The court applies correctly the general rules on jurisdiction of Brussels II a Regulation in matters relating to divorce, legal separation or marriage annulment. The court took into account Brussels II a Regulation provisions on jurisdiction that shall lie with the courts of the Member State in whose territory the spouses are habitually resident (In this particular case none of the spouses were resident in Spain). The court also applies the general rule on the law applicable to maintenance obligations that shall be governed by the law of the State of the habitual residence of the creditor. Appeal history (not available in the database): Court decision: Juzgado Primera Instancia 6 Girona (ant.CI-7) (Spain). (First instance) Date: 30-11-2102