The proceedings have to do with an applicable law dispute and a conflict of jurisdiction on the basis of Brussels IIa Regulation, Maintenance Regulation (Brussels III) and Hague Maintenance Protocol 2007 provisions.
The matter of the case is a maintenance dispute and divorce proceedings transacted in Spain. The mother and the child of the divorced couple are Spanish. The father is from Albania. The whole family live in Spain.
Court decision: Spanish courts are competent to decide on divorce and parental responsibility matters according to arts. 3.1 a), 8 and 61 a) of Brussels II a Regulation.
Spanish courts are also competent to decide on maintenance matters according to art. 3 of Maintenance Regulation (EC 4/2009).
The law applicable to maintenance obligations is Spanish law (art. 3 of Hague Maintenance Protocol (2007)).
The court applies the general rules on the law applicable to 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 also applies the general rule on the applicable law on 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 Violencia sobre la mujer 1 Gavà (Spain). (First instance)
Date: 13-02-2012