PIL instrument(s)

Case number and/or case name

Eugenia vs. Germán. Roj: SAP B 1214/2014 - ECLI:ES:APB:2014:1214

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

12 February 2014

Appeal history

CJEU's case law cited by the court

Summary

The proceedings have to do with a dispute on the law applicable to maintenance obligations on the basis of Maintenance Regulation (Brussels III) and Hague Maintenance Protocol 2007 provisions. The matter of the case is a divorce proceeding between two Moroccan spouses with children in common who are living in Spain. Key facts: Parental responsibility case. Maintenance dispute. The judge determines ex-officio the place of the habitual residence of the creditor in order to decide. Court decision: Spanish courts are competent to decide on parental responsibility and maintenance matters according to art. 3 b) of Maintenance Regulation (habitual residence of the creditor in Spain). The court finds that the law applicable to maintenance obligations is the Spanish one, according to Hague Maintenance Protocol (habitual residence of the creditor in Spain). The court only makes a generic reference to Hague Maintenance Protocol in order to decide on the case. Appeal history (not included in the database): Court decision: Juzgado Instrucción 4 Cornellà LLobregat. Exclusivo violencia sobre la mujer.(Spain).(First instance). Date: 20-06-2012