PIL instrument(s)

Case number and/or case name

Esteban vs. Flor.Roj: AAP CA 49/2009 - ECLI:ES:APCA:2009:49A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

25 January 2009

Appeal history

CJEU's case law cited by the court

Summary

Child abduction case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.The matter of the case is the return of a child accepted by a Spanish court according to Brussels IIa Regulation provisions. Key facts: Illicit transfer of a minor in the context of a divorce case. The divorce was decided by a French court which attributed the full custody of the child to the mother. The father transfers the child to Spain. Court decision: the court points out that according to Brussels II a Regulation, two principles must be applied in the return of a child: the best interest of the child and the mutual confidence between the European Union Member States. The French court decision must be respected in all of its terms. The child must return to France. The court only makes a generic reference to the application of Brussels II a Regulation provisions to the case. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia núm. 5 de Cádiz (Spain ) (First instance) Date:17-09-2008