PIL instrument(s)

Case number and/or case name

Estefanía.Roj: AAP GC 2755/2008 - ECLI:ES:APGC:2008:2755A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

18 December 2008

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Matter of the case:Child abduction in the context of a divorce case. Key facts:The family lived in Germany. The mother takes the child and goes living to Spain. A German court is deciding on the divorce in Germany. The German court resolves that the father can choose provisionally the residence of the child in common. Court decision: the court estimates that Spanish courts are not competent to decide on the case according to arts. 3 and 5 of Brussels II a Regulation and points out that both parents have a joint custody on the child. None of them can decide on his/her own about the residence of the child. The court considered it proved that the mother transferred the child illicitly to Spain. The daughter of the divorced couple must return to Germany. The court applies correctly the general rules on jurisdiction in matters relating to divorce, legal separation or marriage annulment. The court took into account Brussels II a Regulation provisions on jurisdiction that shall lie with the courts of the Member State in whose territory the spouses are habitually resident (Germany). Appeal history (not available in the database): Court decision: JDO. 1A.INST.E INSTRUCCION N. 2 de ARRECIFE (Spain) (First instance) Date: 11-03-2012