PIL instrument(s)

Case number and/or case name

Encarna vs. Rodrigo.Roj: AAP TF 1902/2008 - ECLI:ES:AP TF:2008:1902A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

11 May 2008

Appeal history

CJEU's case law cited by the court

Summary

Application of Brussels II a Regulation provisions to a parental responsibility case transacted in Spain. The matter of the case is a wrongful removal of a child by his mother out of France. This decision prevents the father to comply with the visitation arrangement decided by a French court. Court decision: there has been a “wrongful removal” of a child according to art. 2.11 a) and b) of Brussels II a Regulation. The child cannot be removed without the consent of both parents or by means of a new court decision. The child must return to France. In order to decide, the court makes an interpretation of the concept of "wrongful removal" of a child according to Brussels II a provisions. The court estimates that there has been a breach of rights of custody acquired by judgment having legal effect under the law of the Member State where the child was habitually resident immediately before the removal or retention (France). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 3 de Arona (Spain) (First instance) Date:15-10-2007