Case number and/or case name
Gabriel vs. María Inés. Roj: AAP M 12935/2007 - ECLI:ES:APM:2007:12935A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 10
Paragraph a
Paragraph b
SubParagraph i
Paragraph b
SubParagraph ii
Paragraph b
SubParagraph iii
Paragraph b
SubParagraph iv
Article 12
Paragraph 3
SubParagraph a
Paragraph 3
SubParagraph b
Date of the judgement
15 October 2007
CJEU's case law cited by the court
Summary
Divorce case in Spain between two Spanish spouses based on the application of Brussels II a Regulation provisions.
Key facts: Parental responsibility case. Presumed child abduction.
The mother, together with her two daughters, changed her residence from Spain to The Netherlands. The father was not aware of that decision. A decision from a Dutch court stated that the children must return to Spain.
Court decision: Spanish courts are not competent to decide on the case. According to art. 10 of Brussels II a Regulation, it has been proved that the children had been living in The Netherland for more than one year and have assimilated their new environment.
Dutch Courts are the competent jurisdiction to decide on the modification of precautionary measures concerning the residence of the children according to arts. 8, 12.3 and 2.7 (parental responsibility and not divorce matters).
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº 2 de Collado-Villalba.(Spain) (First instance)
Date:12-06-2006