PIL instrument(s)

Case number and/or case name

Jesús Carlos vs. Amanda.Roj: SAP TF 1434/2013 - ECLI:ES:APTF:2013:1434 Id Cendoj: 38038370012013100221

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

27 May 2013

Appeal history

CJEU's case law cited by the court

Summary

The matter of the case is a divorce proceeding and a maintenance dispute between two British spouses in Spain. The child of the divorced couple lives in Spain. Court decision: Spanish courts are competent to decide on maintenance matters according to art. 1.1 of Maintenance Regulation. The law applicable to the case is the Spanish law, according to art. 15 of Maintenance Regulation and arts. 3.1 and 11 of Hague Maintenance Protocol (2007) in as much as the residence of the creditor is in Spain. The court applies the general rule on applicable law 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 nº 2 de Aronance) (Spain). (First instance). Year:2011