EUPillar Juan Carlos vs. Constanza (2). Roj: AAP M 2879/2008

Summary

Conflict of jurisdiction between Spanish and Swedish courts on the basis of Brussels II a Regulation provisions. The matter of the case is the custody of a child in the context of a divorce case. Key facts: A Swedish court decided on the application of provisional measures concerning the residence of the child (the minor would spend half time in Spain and half time in Sweden until the court gives a final judgment). The plaintiff claims for the adoption of privisional measures by a Spanish court. Court decision: the Spanish court decides that, according to arts. 12.3 b); 20.1 and 2.4 of Brussels II a Regulation, Spanish courts are not competent to decide on the adoption of provisional measures as requested by the plaintiff. The court considers that the jurisdiction of the Swedish court has been accepted in an unequivocal manner by all the parties to the proceedings at the time the court was seised and is in the best interests of the child. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 27 de Madrid (Spain) (First instance) Date:17-04-2007