Case number and/or case name
Sergio vs. Susana.Roj: SAP TO 14/2009 - ECLI:ES:APTO:2009:14
Details of the court
Spain, First Instance
Articles referred to by the court
Date of the judgement
25 November 2007
CJEU's case law cited by the court
Summary
Divorce and parental responsibility case between two Spanish spouses transacted in Spain.
Key facts: application of Brussels II a Regulation provisions on parental responsibility in order to determine the visiting arrangement of the children of a divorced couple.
Court decision: the visiting arrangement concerning the children of the divorced couple is determined according to arts. 2.8 and 11. b) of Brussels II a Regulation (none of the parents can decide a unilateral modification of the habitual residence of the children if this decision implies a modification of the visiting arrangement).
The court makes an interpretation of the concept of "holder of parental responsibility" according to Brussels II a Regulation provisions and not according to Spanish law (the Spanish Civil Code does not include a clear definition of the figure of "parental responsibility").