Summary
Application of Brussels II a Regulation provisions to the resolution of a conflict of jurisdiction raised in the context of parental responsibility case transacted in Spain. The matter of the case is the transfer of a child to France by his mother.
Key facts:A French court declared itself competent to decide on the parental responsibility case. The father brought a civil action before Spanish justice. The mother also brought a civil action in France previously.
Court decision: the court finally decides that Spanish courts are not competent to decide on the case according to arts. 8, 11.5, 11.6, 11.8, 9, 19 and 20 of Brussels II a Regulation.
The French court competent to decide on the custody of the child is also competent to decide on the return of the child.
The court applies general rules on jurisdiction concerning the courts of a Member State that have jurisdiction in matters of parental responsibility over a child who is habitually
resident in that Member State at the time the court is seised.
The court also applies the provisions on the return of the child of Brussels IIa Regulation.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 27 de los de Madrid (Spain) (First instance).
Date:21-11-2006