PIL instrument(s)
Brussels IIa
Case number and/or case name
Nieves vs. Carlos Alberto.Roj: SAP M 12984/2008 - ECLI:ES:APM:2008:12984
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Article 15
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 4
Paragraph 5
Paragraph 6
Date of the judgement
15 September 2008
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: adoption of parental responsibility measures concerning a child, son of a Spanish citizen. The mother is from the Dominican Republic. The child spent a short period of time in the Dominican Republic but has his habitual residence in Spain. A first instance court stated that Spanish courts could not decide on any parental responsibility measure concerning the child. Court decision: Spanish courts are competent to decide on the case according to arts. 8 and 15 of Brussels II a Regulation (the child is Spanish and lives in Spain). The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 80 de Madrid (Spain) (First instance) Date:08-11-2007

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