EUPillar Casilda vs. Basilio. Roj: AAP M 6855/2010

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. Dispute about before which court (Spanish or German) was brought the civil action in first instance. Court decision: the court estimates that Spanish courts are competent to decide on the case according to arts. 19 and 16 of Brussels II a Regulation. The petition of interim measures in Spain can be considered as the first step undertaken by the defendant to initiate a judicial proceeding in a European Union Member State. Art. 20 of Brussels II a Regulation cannot be taken into consideration in order to determine the competent jurisdiction, as alleged by the plaintiff. The court applies correctly the common provisions of Brussels II a Regulation on the seising of a court according to which a court shall be deemed to be seised at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant has not subsequently failed to take the steps he was required to take to have service. Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia número 4 de San Lorenzo de El Escorial.(Spain) (First instance) Date:28-10-2008