Case number and/or case name
Diego vs. Mari Luz.Roj: SAP C 2216/2008 - ECLI:ES:APC:2008:2216
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 41
Paragraph 2
SubParagraph c
Article 42
Paragraph 2
SubParagraph a
Date of the judgement
09 September 2008
CJEU's case law cited by the court
Summary
Parental responsibility case based on the application of Brussels IIa provisions.
The matter of the case is a dispute between two Spanish divorced spouses concerning the education of their child.
Key facts: the father wants his son to go study to another education institution because of his bad academic results. The plaintiff (father) is against the opinion of the mother and the child. A first instance court decided against the father´s will.
Court decision: the first instance Spanish court decision must be confirmed.
The child has a right to be listened in the context of a judicial proceeding according to arts. 23 b), 41. 2 c) and 42. 2 a) of Brussels II a Regulation (interpretative reference). The court decides in the best interest of the child.
The court makes an interpretation of Brussels II a Regulation provisions on the rights of access and the oportunity of a minor to be heard during the proceedings in order to decide.
Appeal history (not available in the database).
Court decision: JUZGADO 1ª INSTANCIA Nº 10 A CORUÑA (Spain) (First Instance)
Date:11-07-2008