PIL instrument(s)
Brussels IIa
Case number and/or case name
Maite vs. Marco Antonio.Roj: AAP M 8715/2007 - ECLI:ES:APM:2007:8715A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph a Indent 1
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Paragraph 1 SubParagraph a Indent 5
Paragraph 1 SubParagraph a Indent 6
Paragraph 1 SubParagraph b
Paragraph 2
Article 8
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Paragraph 2
Article 10
Paragraph a
Paragraph b SubParagraph i
Paragraph b SubParagraph ii
Paragraph b SubParagraph iii
Paragraph b SubParagraph iv
Article 12
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Date of the judgement
10 April 2007
Appeal history
None
CJEU's case law cited by the court
None
Summary
Divorce case and conflict of jurisdiction transacted in Spain and based on the application of Brussels II a Regulation provisions. Key facts: The habitual residence of the divorced couple was in Belgium. The mother transfers the children of the divorced couple to Spain for a short period of time. The habitual residence of the children is in Belgium. Court decision: the court decides that Spanish courts are not competent to decide on the case according to arts. 3 and 8 of Brussels II a Regulation (habitual residence of the children in Belgium). Arts. 10 and 12 are not applicable (a short period of time spent in Spain does not define a “habitual residence”). The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized. Appeal history (not available in the database): Court Decision: Juzgado de Primera Instancia número 28 de Madrid (Spain) (First instance) Date:24-05-2006

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