Case number and/or case name
José Augusto vs. Constanza. Roj: SAP MU 373/2007 - ECLI:ES:APMU:2007:373
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 2
Paragraph 9
Paragraph 11
SubParagraph a
Date of the judgement
04 March 2007
CJEU's case law cited by the court
Summary
Parental responsibility case transacted in Spain and based on the application of Brussels II a Regulation provisions.
Key facts: Modification of a visiting arrangement due to a change of residence of one of the progenitors.
Court decision: the concept of custody must be interpreted according to arts. 2.9 and 2.11 of Brussels II a Regulation in order to accept or not the modification of a visiting arrangement due to a change of residence of one of the progenitors.
The modification of the visiting arrangement is finally accepted by the court.
The court makes an interpretation of the concept of custody according to the European Regulation on parental responsibility and not according to Spanish law (the Spanish Civil Code does not include a clear definition of the figure of "parental responsibility").
Appeal history (not available in the database):
Court decision: Juzgado Civil número Tres
de Murcia (Spain) (First instance).
Date:16-01-2006