Case number and/or case name
Sebastián vs. Amanda. Roj: SAP NA 1344/2008 - ECLI:ES:APNA:2008:1344
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 2
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
Paragraph 8
Paragraph 9
Paragraph 10
Paragraph 11
SubParagraph a
Paragraph 11
SubParagraph b
Date of the judgement
09 July 2008
CJEU's case law cited by the court
Summary
The matter of the case is the interpretation of the concept of parental responsibility following Brussels II a Regulation.
Key facts: The plaintiff (father) cannot comply with the visiting arrangement due to a change of residence of his ex-wife and mother of his daughter.
Court decision: the court estimates that the mother as a right to change her residence and bring the child with her. Parental responsibility is defined in the terms of arts. 2 and 5 of Brussels II a Regulation. According to that concept the court decides that the mother did not infringe the visiting arrangement.
In order to decide, the court makes an interpretation of the concept of "parental responsibility" according to the provisions of Brussels II a Regulation and not according to national law because this concept differs in some points with the formulated by Spanish law.
Appeal history (not available in the database):
Court decision: Jdo. Instrucción Nº 3 de Pamplona/Iruña (Spain) (First instance)
Date: 28-01-2008