PIL instrument(s)

Case number and/or case name

Constanza vs. Alexander. Roj: AAP M 17545/2009 - ECLI:ES:APM:2009:17545A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

30 November 2009

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. The matter of the case are parental responsibility measures taken in the context of a divorce case. Key facts:The mother of the minor is not Spanish but has been living in that country for more that one year. Court decision: the court decides that Spanish courts are competent to decide on the case according to arts. 3 and 8 of Brussels II a Regulation (the mother and child live in Spain and the mother was living in that country for more than one year before she brought the civil action before justice). The court applies general rules on jurisdiction in matters relating to divorce. 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 applicant is habitually resident if she resided there for at least a year immediately before the application was made. The court also took into account the provisions on jurisdiction concerning parental responsibility matters 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: Juzgado de Primera Instancia nº 85 de los de Madrid (Spain) (First instance). Date:02-04-2009