Case number and/or case name
Justiniano vs. Melisa.Roj: SAP MU 2442/2013 - ECLI:ES:APMU:2013:2442
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
10 October 2013
CJEU's case law cited by the court
Summary
The following proceedings are a divorce case between two Spanish spouses living in Spain. The matter of the case is the enforcement of a French court decision on the spouse maintenance that is pending in Spain.
Court decision: Spanish Courts are competent to decide on the divorce case according to art. 3.1 of Brussels II a Regulation.
Applicable law: the court decides that Spanish law is the law applicable to the case according to Maintenance Regulation (EC 4/2009). Spanish courts are not competent to review the French court decision as to its substance (a decision on maintenance obligations).
The court applies the general rules on jurisdiction in matters relating to divorce, legal separation or marriage annulment. The court took into account Brussels II a Regulation provisions on jurisdiction, that shall lie with the courts of the Member State in whose territory tthe spouses are habitually resident (that is to say, Spain, in this particular case).
The court also 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 nº 9 (Familia) de Murcia (Spain). (First instance)
Date: 09-01-2013