Case number and/or case name
María Cristina vs. Rafael.Roj: AAP GC 1720/2009 - ECLI:ES:APGC:2009:1720A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
05 July 2009
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is the enforcement of a Spanish court decision on child maintenance. The creditor´s domicile is in Spain. The party against whom the enforcement is sought (the father) lives in Germany. The plaintiff alleges the application of art. 5.2 of Brussels I Regulation (maintenance issues).
Court decision: Spanish courts are not competent to decide on the case. Art. 5.2 of Brussels I Regulation is not applicable for the controversy raised is about the enforcement of a judgement on maintenance.
This issue must be ruled according to art. 22.5 of that Regulation. As a consequence, the competent jurisdiction to decide on the enforcement of the Spanish judgement is Germany, where lives the party whom the enforcement is sought (the father).
Appeal history (not available in the database):
Court decision: Juzgado de primera instancia n. 6 (reg. civil) de Las Palmas de Gran Canaria (Spain) (First instance)
Date: 29-12-2006