PIL instrument(s)
Maintenance Regulation
Hague Maintenance Protocol
Case number and/or case name
Ariadna vs. Braulio.SAP TF 2147/2011 - ECLI:ES:AP TF:2011:2147
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Article 11
Paragraph a
Paragraph b
Paragraph c
Paragraph d
Paragraph e
Paragraph f
Date of the judgement
07 October 2011
CJEU's case law cited by the court
Summary
The proceedings have to do with an applicable law dispute on the basis of Hague Maintenance Protocol 2007 provisions. The matter of the case is a divorce and maintenance proceeding transacted in Spain. Key facts: The child of the divorced couple is living in Spain. The judge determines ex-officio the place of the habitual residence of the creditor in order to decide.
Court decision:
The court finds that the law applicable to the case (maintenance matters) is the Spanish one, according to arts. 1.1, 15 and 76 and arts. 3.1 and 11 of Hague Maintenance Protocol in as much as the residence of the minor is in Spain.
The court applies the general rule on applicable law to maintenance obligations. According to Hague Maintenance Protocol 2007, this one should be governed by the law of the State of the habitual residence of
the creditor (Spain, in this particular case).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia n. 5 de Arona. (Spain) (First instance)
Date: 16-06-2009