Case number and/or case name
Reyes.Roj: AAP M 2847/2009 - ECLI:ES:APM:2009:2847A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
02 February 2009
CJEU's case law cited by the court
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 is the daughter of a Russian citizen and a Ukrainian one. The minor is living in Spain. A first instance Spanish court did not admit the civil action brought before Spanish courts. The court based its judgement only on the application of national law.
Court decision: the court considers that Spanish courts are competent to decide on the case taking into account the content of Recitals 11 and 19 and art. 8 of Brussels II a Regulation (habitual residence of the child in Spain without prejudice of its nationality).
The court applies correctly the general rules on jurisdiction in matters of 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: Juzgado de Primera Instancia nº 1 de violencia sobre la mujer de Alcalá de Henares (Spain) (First instance).
Date:29-05-2008