Case number and/or case name
Fructuoso vs.Visitación. Roj: SAP B 2879/2014 - ECLI:ES:APB:2014:2879
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
21 March 2014
CJEU's case law cited by the court
Summary
The proceedings have to do with an applicable law dispute on the basis of Hague Maintenance Protocol 2007 and Maintenance Regulation (Brussels III) provisions.
The matter of the case is a divorce proceeding between two Argentinian spouses. The mother lives in Spain with her two daughters. The father lives in Paris. The father requests a reduction of alimony (concerning the two daughters).
Court decision:
Applicable law: the court decides that Spanish law (Catalan law) is the law applicable to the case, according to Hague Maintenance Protocol referred to by Maintenance Regulation-Brussels III 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.
The court only makes a generic reference to the provisions of Hague Maintenance Protocol referred to by Maintenance Regulation.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia n. 6 Gavà (Spain ). (First instance).
Date: 22-02-2012