PIL instrument(s)

Case number and/or case name

Juliana vs. Juan Carlos.Roj: SAP BU 200/2009 - ECLI:ES:APBU:2009:200

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

30 March 2009

Appeal history

CJEU's case law cited by the court

Summary

The matter of the case is the interpretation of the concept of "parental responsibility" according to Brussels II a Regulation provisions. Key facts: Parental responsibility case transacted in Spain. Application for the modification of the visiting arrangement of a minor in the context of a divorce case. Court decision: the court decides a modification of the visiting arrangement in favour of the father taking into account the concept of “parental responsibility” contained in article 2 of Brussels II a Regulation (which includes a right to visitation and not only custody). The court makes an interpretation of the concept of "parental responsibility" according to the European Regulation and not according to Spanish law (the Spanish Civil Code does not include a clear definition of the figure of "parental responsibility"). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº Dos de Burgos (Spain) (First instance) Date:21-05-2009