PIL instrument(s)
Maintenance Regulation
Hague Maintenance Protocol
Case number and/or case name
Manuel vs. Carla. Ref. JUR\2014\52825
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Article 16
Paragraph 1
SubParagraph a
Paragraph 2
SubParagraph a
Date of the judgement
29 January 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 and Maintenance Regulation (Brussels III).The matter of the case is a maintenance dispute in the context of a divorce case in Spain. The father and child are Spanish, the mother is Italian. The whole family live in Spain.
Court decision: Spanish courts are competent to decide on maintenance matters according to art. 3 b) of Maintenance Regulation (EC 4/2009).
The court estimates that the law applicable on maintenance is Spanish law (Catalan law), according to 3.1, art. 16. 1 a) and art. 16.2 a) of Hague Maintenance Protocol (2007).
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: el Juzgado Violencia sobre la Mujer 4 Barcelona. (Spain). (First instance)
Date: 25-10-2012