PIL instrument(s)
Brussels IIa
Case number and/or case name
Juan María vs. María Purificación.Roj: AAP PO 101/2007 - ECLI:ES:APPO:2007:101A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 11
Paragraph 4
Date of the judgement
28 February 2007
Appeal history
None
CJEU's case law cited by the court
None
Summary
Application of Brussels II a Regulation provisions to a child abduction case.The matter of the case is an illicit transfer of a minor to Spain. Key facts:The child had his habitual residence in Germany. The mother alleged that she travelled to Spain with her son because they both were subjected to psychological abuse by the father. Court decision: the minor must return to Germany according to art 11.4 of Brussels II a Regulation (adequate arrangements had been made to secure the protection of the child after his return to Germany). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia núm. 4 de Pontevedra (Spain) (First instance). Date:03-10-2006

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