Virginia vs. Abel.Roj: SAP B 5282/2014 - ECLI:ES:APB:2014:5282
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Article 10
Paragraph a
Paragraph b
SubParagraph i
Paragraph b
SubParagraph ii
Paragraph b
SubParagraph iii
Paragraph b
SubParagraph iv
Article 12
Paragraph 3
SubParagraph a
Paragraph 3
SubParagraph b
Maintenance Regulation
Article 1
Paragraph 2
Paragraph 1
Hague Maintenance Protocol
Article 3
Paragraph 1
Paragraph 2
Date of the judgement
06 May 2014
Appeal history
None
CJEU's case law cited by the court
None
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. Maintenance dispute. The daughter of the divorced couple changed her habitual residence from France to Spain.The judge must determine 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. 12.3 and 10 of Brussels II a Regulation (and not art. 8) (residence of the daughter in Spain).
Applicable law to maintenance matters: Spanish law, according to art. 3 of Hague Maintenance Protocol (Maintenance Regulation EC 4/2009 referral).
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 de Primera Instancia n. 6 de Terrassa (Spain). (First instance)
Date: 31-05-2012