EUPillar Agapito vs. Nieves Ref. JUR\2014\112998.

Summary

The proceedings have to do with a conflict of jurisdiction raised before Spanish courts on the basis of Brussels II a Regulation provisions and an applicable law dispute based on the application of Hague Miantenance Protocol 2007 and Maintenance Regulation (Brussels III) provisions. The matter of the case is in respect with parental responsibility obligations recognised in the context of a divorce case transacted in Spain. Key facts: The father and child are Spanish. The mother is Bolivian. The whole family live in Spain. The judge determines ex-officio the place of the habitual residence of the creditor in order to decide. Court decision: Spanish courts are competent to decide on parental responsibility matters according to arts. 8 and 61 a) of Brussels II a Regulation. Law applicable to child maintenance: Catalan law (Spanish regional law), according to art.3 b) of Maintenance Regulation (EC 4/2009) and arts. 3.1, 16.1 a) and 16.2 a) of Hague Maintenance Protocol (2007). The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised. 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 Violencia sobre la Mujer 2 Barcelona (Spain). (First instance) Date: 08-04-2013