Case number and/or case name
Graciela vs. Alonso (2).Roj: AAP M 2528/2011 - ECLI:ES:APM:2011:2528A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
14 February 2011
CJEU's case law cited by the court
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
The matter of the case is the enforcement of an Austrian court decision on maintenance (child of a divorced couple). The father is a Spanish diplomatic living in New Zealand for employment reasons. The mother is from the USA and lives in France. A first instance Spanish court rejected the enforcement because the father was not living in Spain (decision based in Brussels II a Regulation).
Court decision: the first instance court decision must not be taken into consideration. Art. 1.3 e) of Brussels II a Regulation excludes maintenance matters from its scope of application.
Spanish courts are competent to enforce the foreign court decision according to arts. 38 and 39 of Brussels I Regulation (the habitual residence of Spanish diplomatic officers is the last one registered in Spain –in the case of reference the habitual residence was Madrid-).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 80 de los de Madrid (Spain) (First instance)
Date: 13-05-2010