PIL instrument(s)
Brussels IIa
Case number and/or case name
Pedro Jesús vs. Inocencia.Roj: SAP CS 1139/2010 - ECLI:ES:APCS:2010:1139
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 2
Paragraph 7
Paragraph 9
Paragraph 11 SubParagraph a
Paragraph 11 SubParagraph b
Date of the judgement
09 September 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
Application of the provisions of Brussels II a Regulation to the resolution of a parental responsibility case in Spain. Key facts: Interpretation of the concept of parental responsibility (right to modify the habitual residence of the minor) according to Brussels II a Regulation. Court decision: the court decides that even if a parent cannot decide unilaterally the habitual residence of the child according to Brussels II a Regulation, a modification decided by a single progenitor can be accepted if it is based on employment reasons. The court cites arts. 2.7, 2.9 and 2.11 of Brussels II a Regulation. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº. 7 de Castellón (Spain) (First instance) Date:14-10-2009

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