Case number and/or case name
Maison d´enfants Clair Logis. Roj: AAP PO 151/2006 - ECLI:ES:APPO:2006:151A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
04 July 2006
CJEU's case law cited by the court
Summary
Application of Brussels II a Regulation provisions to the resolution of a child abduction case in Spain. The minor was under the custody of a French institution. The mother abducts the child and goes to Spain.
Court decision: the request of judicial cooperation received from French authorities is accepted. The child must return to France according to art. 11.1 of Brussels II a Regulation (the court accepted a certification on the attribution of the custody to the French institution as valid. The custody was decided by means of a court decision).
Furthermore, the court considers that it is certain that the child will be protected when returning to the French institution (art. 11.4 of Brussels II a Regulation).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia núm. 3 de Pontevedra (Spain). (First instance)
Date:10-05-2006