PIL instrument(s)
Maintenance Regulation
Hague Maintenance Protocol
Case number and/or case name
Aurelia vs. Jenaro.Roj: SAP B 12481/2013 - ECLI:ES:APB:2013:12481
Details of the court
Spain, Second Instance
Articles referred to by the court
Maintenance Regulation
Article 3
Paragraph a
Paragraph b
Paragraph c
Paragraph d
Hague Maintenance Protocol
Date of the judgement
05 November 2013
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 and Maintenance Regulation (Brussels III Regulation). The matter of the case is a maintenance dispute concerning the child of a Bolivian divorced couple in Spain. The child is living in Spain (Barcelona).
Court decision: the court decides that Maintenance Regulation and Hague Maintenance Protocol are applicable to the case in as much as the child is living in Spain. The court takes into account art. 3 of the Hague Maintenance Protocol (residence of the minor in Spain) in order to decide.
The law applicable to the case is the Spanish one (Catalan law).
The court applies the general rule on applicable law to maintenance obligations, that should be governed by the law of the State of the habitual residence of the creditor (Barcelona, Spain, in this particular case).
Appeal history (not available in the database):
Court decision: Juzgado Primera Instancia 3
Hospitalet de Llobregat (ant.CI-7). Spain. (First instance)
Date: 30-05-2012