Case number and/or case name
Amelia vs. Juan Ramón.Roj: AAP M 960/2009 - ECLI:ES:APM:2009:960A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
15 January 2009
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. Key facts: Parental responsibility dispute over a child who has been sent living with her grand-parents to Poland three years before the divorce of her parents.The parents of the minor have their habitual residence in Spain.
Court decision: the court decides that Spanish courts are not competent to decide on the case according to art. 8 of Brussels II a Regulation (the habitual residence of the child is in Poland).
The court applies general rules on jurisdiction in matters relating to parental responsibility obligations. The court took into account Brussels II a Regulation provisions on jurisdiction over a child who is habitually
resident in a Member State at the time the court is seized.
Appeal history (not available in the database):
Court decision: JDO. 1A.INST.E INSTRUCCION N. 6 de TORREJON DE ARDOZ (Spain) (First instance)
Date: 19-09-2007