PIL instrument(s)
Brussels I
Maintenance Regulation
Hague Maintenance Protocol
Case number and/or case name
Yolanda vs. Cirilo.Roj: SAP B 3607/2012 - ECLI:ES:APB:2012:3607 Id Cendoj: 08019370122012100279
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
02 April 2012
CJEU's case law cited by the court
Summary
The matter of the case is a conflict of jurisdiction on the basis of Brussels I Regulation provisions and an applicable law dispute on the basis of Hague Maintenance Protocol 2007 and Maintenance Regulation (Brussels III) provisions.
Key facts:Divorce and maintenance case. The mother and children live in Spain. The father has planned to change his habitual residence to The Netherlands.
Court decision: Spanish courts are competent to decide on maintenance matters according to art. 5 of Brussels I Regulation (habitual residence of the creditor).
The law applicable to children maintenance is the Spanish one according to arts. 3 and 5 of Hague Maintenance Protocol (2007): habitual residence of the creditor. (Maintenance Regulation EC 4/2009 referral).
Law applicable to the maintenance of the spouse: law of The Netherlands.
The court applies general rules on jurisdiction in matters of parental responsibility and maintenance over a child and creditor who is habitually resident in that Member State at the time the court is seised.
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 Violencia sobre la Mujer 3 Barcelona (Spain). (First instance).
Date: 30-04-2009