PIL instrument(s)

Case number and/or case name

Margarita vs. Jesús Ángel.Ref. JUR\2014\52492

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

30 January 2014

Appeal history

CJEU's case law cited by the court

Summary

The matter of the case is 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. Key facts: Divorce case. Parental responsibility. Maintenance dispute. Spanish family 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 and parental responsibility matters according to arts. 3, 8 and 61 a) of Brussels II a Regulations and also on maintenance matters according to art. 3 of Maintenance Regulation (EC 4/2009). Applicable law to maintenance: Catalan law (Spanish regional law), according to arts. 3.1, 16. 1 a) and 16.2 a) of Hague Maintenance Protocol (habitual residence of the creditor). 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 1 Granollers (Spain). (First instance) Date: 14-11-2012