PIL instrument(s)
Brussels IIa
Case number and/or case name
Plácido vs. Maite.Roj: AAP M 17532/2009 - ECLI:ES:APM:2009:17532A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
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
Article 15
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 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 4
Paragraph 5
Paragraph 6
Article 19
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
23 November 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:Divorce and parental responsibility case transacted in Spain. The mother and the child live both in Portugal since 2005. There is a previous Portuguese court decision on the divorce. Court decision: the court estimates that Spanish courts are not competent to decide according to arts. 8, 12, 15 and 19 of Brussels II a Regulation. Portuguese courts must decide about all the measures concerning the child. In order to decide, the court applies the rules on general jurisdiction of Brussels II a Regulation concerning parental responsibility over a child who is habitually resident in a Member State at the time the court is seised. Appeal history (not available in the database): Court decision: el Juzgado de Primera Instancia nº 29 de los de Madrid (Spain) (First instance) Date:28-11-2008

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