Case number and/or case name
Sonia vs. Fidel. Ref. JUR\2013\271904
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
11 June 2013
CJEU's case law cited by the court
Summary
Conflict of jurisdiction on the basis of Brussels II a Regulation provisions.
Key facts: Divorce case. Maintenance dispute.
Court decision: Spanish courts are competent to decide on parental responsibility matters according to art. 8 and 61 a) of Brussels II a Regulation.
Spanish courts are also competent to decide on maintenance (two daughters of the divorced couple) according to art. 5.2 of Brussels I Regulation.
The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized and in matters relating to maintenance, the rules to determine the courts for the place where the maintenance creditor is domiciled or habitually resident.
Appeal history (not available in the database):
Court decision: Juzgado Violencia sobre la
Mujer 3 Barcelona (Spain). (First instance)
Date:02-05-2012