A marriage was celebrated between an Italian national and a Spanish national, with one minor child. A judgment of legal separation was issued in Italy, which was the spouses’ place of residence at that time. Subsequently, at the end of 2004, the wife and the common minor child moved to Spain, where they currently reside.
Can enforcement proceedings be brought in Spain to enforce that judgment due to non-payment of maintenance?
Within the European Union, Council Regulation (EC) No 2201/2003 of 27 November 2003 applies. Therefore, if the judgment was issued after 1 March 2001, Regulation (EC) No 1347/2000 applies and, following its repeal, Regulation (EC) No 2201/2003 applies. If the judgment was issued earlier, the Convention between Spain and Italy of 22 May 1973, ratified on 2 July 1977, applies.
With regard to the non-payment of maintenance and given that this matter does not concern parental responsibility, it cannot be enforced under that regulation. However, provisional and protective measures provided for under Spanish law may be sought in relation to persons or assets present in Spain, even where, under the applicable regulation, the courts of another Member State have jurisdiction over the substance of the case. Such measures shall cease to apply once the court of the Member State having jurisdiction under the regulation to rule on the substance of the matter has adopted the appropriate measures.
