Julieta vs. Obdulio.Roj: AAP M 17573/2009 - ECLI:ES:APM:2009:17573A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 1
SubParagraph b
Article 2
Paragraph 7
Article 8
Paragraph 1
Paragraph 2
Article 12
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Paragraph 2
SubParagraph c
Paragraph 3
SubParagraph a
Paragraph 3
SubParagraph b
Paragraph 4
Date of the judgement
28 December 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 concerning a child who is presumably living in the Dominican Republic with an aunt, temporarily.
Court decision: the court decides that Brussels II a Regulation is applicable to the case according to Recital number 5, arts. 1 b) and 2.7. (Art. 12 is not applicable as requested by the plaintiff).
Nevertheless, the plaintiff did not prove that the habitual residence of the child was in Spain. To the contrary, there were evidences that proved that the child was still living in the Dominican Republic at the time the plaintiff brought the civil action before justice.
The court applies correctly the rules on general jurisdiction concerning parental responsibility obligations according to which the courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised (which is not the case).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 79 de los de Madrid (Spain) (First instance)
Date:03-03-2009