Case number and/or case name
Aureliano vs. Trinidad. Roj: AAP SE 3328/2010 - ECLI:ES:AP SE:2010:3328A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
18 November 2010
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 court must decide in which country a minor has his habitual residence in order to decide on its jurisdiction.The habitual residence of the child is controverted (Spain or Germany).
Court decision: the court decides that German courts are competent to decide on the case according to art. 8.1 of Brussels II a Regulation. The court consider it proved that the habitual residence of the child is in Germany.
The court applies correctly the general rules of Brussels II a Regulation on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized.
Appeal history (not available in the database):
Court decision: JUZGADO 1ªInst. Osuna nº1 (Spain) (First Instance)
Date:28-01-2010