PIL instrument(s)

Case number and/or case name

Elisa vs. Ruperto.Roj: SAP B 9390/2014 - ECLI:ES:APB:2014:9390

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

14 July 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 oroccan 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 divorce, maintenance and parental responsibility matters according to Brussels II a Regulation and Maintenance Regulation (generic reference) in as much as all the members of the family live in Spain (residence of the creditor). Applicable law to divorce: Moroccan law (common nationality of the divorced couple), according to Spanish law. Applicable law to maintenance matters: Spanish law, according to art. 15 of Maintenance Regulation (referral to Hague Maintenance Protocol 2007): habitual residence of the creditor in Spain. The court only makes generic references to the provisions of Brussels II a Regulation and Maintenance Regulation (Brussels III Regulation) (general rules on the law applicable to maintenance obligations and jurisdiction in matters of parental responsibility). Appeal history (not available in the database): Court decision: Juzgado Instrucción 4 Igualada. Exclusivo violencia sobre la mujer. (Spain). (First instance). Date: 23-02-2012