Case number and/or case name
Norberto.Roj: AAP S 81/2013 - ECLI:ES:APS:2013:81A
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
Date of the judgement
08 October 2013
CJEU's case law cited by the court
Summary
The proceedings have to do with a conflict of jurisdiction on the basis of Brussels III Regulation provisions.
The matter of the case is a divorce proceeding between two spouses from Spain and the Czech Republic. The husband is living in Spain; his spouse is living in the Czech Republic. The child of the divorced couple lives in the Czech Republic.
Court decision: The courts of the Czech Republic are competent to decide on maintenance and parental responsibility matters in as much as the creditors (spouse and child) are living in that Member State (art. 3 of Maintenance Regulation).
The Spanish court declined its jurisdiction, according to art. 10 of Maintenance Regulation.
The court 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 núm. 9 de Santander (Spain) (First instance)
Date: 09-05-2013