(Decision of the Provincial Court of Valencia of 25 May 2020) The ignorance of the automatic recognition of resolusions in European maintenance rights. A parallel resolution of the case

Abstract

The recognition and enforcement of decisions in family matters need to individualize what European Regulation should be applied according to the type of matter. With regard to maintenance obligations, Regulation 4/2009 provides that they will have full right enforceability without the possibility of opposing reasons for rejection of recognition, provided that the State of origin and the requested State are bound by the Hague Protocol of 2007. The mentioned sentence ignores it and does not recognize a sentence handed down in Romania before another one in Spain between the same parties, purpose and cause, violating, among other things, the essential principle of the free circulation of European resolutions.