Case number and/or case name
Desiderio.Roj: AAP M 14861/2009 - ECLI:ES:APM:2009:14861A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
01 June 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 case transacted in Spain. The father lives in Spain, the mother and child go living to Sweden. A first instance court decided that Spanish courts were not competent to decide on the case.
Court decision (second instance): the court estimates that Spanish courts are not competent to decide on the case according to arts. 8, 9 and 17 of Brussels II a Regulation. The habitual residence of the child is in Sweden. The mother brought the civil action before the Swedish justice when both (mother and child) were already living in that country for more than three months. The court considers that the exception to art. 8 contained in art. 9 of Brussels II a Regulation is not applicable.
The court makes a correct interpretation of the rules of Brussels II a Regulation on general jurisdiction and continuing jurisdiction of the child's former habitual residence.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 85 de Madrid (Spain) (First instance)
Date: 28-10-2008