PIL instrument(s)
Brussels IIa
Case number and/or case name
Leticia (extradition).Roj: AAN 542/2006 - ECLI:ES:AN:2006:542A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 3 SubParagraph f
Paragraph 3 SubParagraph g
Date of the judgement
05 July 2006
Appeal history
None
CJEU's case law cited by the court
None
Summary
The matter of the case is the recognition of an Italian judgement in Spain deciding on the residence of a child. Key facts:Extradition proceedings against an Argentinean and Italian mother in Spain (presumed child abduction crime). The father of the child lives in Argentina. An Argentinean court decided that the child could not leave the country. The child is Italian and now lives in Italy. Court decision: the Spanish court recognises the Italian judgement according to Brussels II a Regulation. The child must not be turned over to the Argentinean authorities. The mother did not commit a child abduction crime. The court only makes a generic reference to the application of Brussels IIa Regulation provisions. Appeal history (not available in the database): Court decision: extradition proceeding before Juzgado Central de Instrucción número Seis (Spain) (First instance) Date: 19-10-2005

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