PIL instrument(s)

Case number and/or case name

Ángela vs. Gonzalo. Ref. JUR\2014\134837

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

07 April 2014

Appeal history

CJEU's case law cited by the court

Summary

The proceedings have to do with a conflict of jurisdiction on the basis of Brussels II a Regulation provisions and an applicable law dispute on the basis of Hague Maintenance Protocol 2007 and Maintenance Regulation (Brussels III) provisions. Matter of the case: divorce case between two Moroccan spouses living 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 the divorce according to art. 3 of Brussels II a Regulation and on maintenance matters according to art. 3 b) of Maintenance Regulation (EC 4/2009). Law applicable to maintenance: Catalan law (Spanish regional law), according to art. 3.1 of Hague Maintenance Protocol (2007) (Forum Law). Law applicable to divorce: Moroccan law. 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 Instrucción 4 Igualada. Exclusivo violencia sobre la mujer. (Spain). (First instance) Date: 17-01-2013