PIL instrument(s)

Case number and/or case name

Mari Luz vs. Rómulo.Roj: SAP V 2502/2014 - ECLI:ES:APV:2014:2502

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

17 June 2014

Appeal history

CJEU's case law cited by the court

Summary

The following proceedings are a divorce case between two Spanish spouses with no children. The husband is living in Bolivia. He claims for the recognition of a Bolivian court decision on his divorce. There is also a Spanish court decision on the case ( a first instance judgement) already enforced in Spain. Court decision: the Bolivian court decision cannot be recognised in Spain according to art. 19 of Brussels II a Regulation (Bolivia is not part of the European law space). Applicable law to maintenance matters: Spanish law according to art. 15 of Maintenance Regulation (EC 4/2009) and arts. 3 and 5 of Hague Maintenance Protocol (2007): habitual residence of the spouse in Spain. The first instance Spanish court decision is confirmed. Appeal history (not available in the database): Court decision: Juzgado de primera instancia numero 9 de Valencia (Spain) (First instance) Date: 16-07-2013