Juana vs. Leandro.Roj: AAP V 760/2009 - ECLI:ES:APV:2009:760A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 3
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SubParagraph a
Indent 1
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Indent 2
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SubParagraph a
Indent 3
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Indent 4
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Indent 6
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Article 12
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Date of the judgement
03 October 2009
Appeal history
None
CJEU's case law cited by the court
None
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 child lives in Ecuador. The father does not accept the Spanish jurisdiction. A first instance court decided that Spanish courts are not competent to decide on the case. The mother objects and appeals.
Court decision: the court considers that the first instance court decision must be confirmed. Spanish courts are not competent to decide on the case according to arts. 12.1 and 3 a) and b) of Brussels II a Regulation.
The court applies general rules on jurisdiction in matters relating to divorce, legal separation or marriage annulment according to which in these matters, jurisdiction shall lie with the courts of the Member State in whose territory:
the spouses are habitually resident (Spain) or of the nationality of both spouses (Spain too).
The court also applies correctly the rules on prorogation of jurisdiction concerning parental responsibility matters.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 9 de Valencia (Spain) (First instance)
Date:30-03-2009