Case number and/or case name
Adriana.Roj: SAP MA 2349/2015 - ECLI:ES:APMA:2015:2349
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 11
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
Paragraph 8
Date of the judgement
29 April 2015
CJEU's case law cited by the court
Summary
The proceedings have to do with a child abduction case transacted in Spain on the basis of Brussels II a Regulation.
Key facts:The minor is resident in Italy but is transferred to Spain during a Christmas vacation. In Spain, the mother refuses to send back her daughter to Italy.
Court decision: According to art. 11 of Brussels II a Regulation, Spanish courts must order the return of the child to Italy. The court cannot refuse to return a child on the basis of Article 13b of the 1980 Hague Convention if it is established that adequate arrangements have been made to secure the protection of the child after his or her return, which is the case by Italian authorities.
The court applies correctly Brussels II a Regulation provisions on parental responsibility and return of a child.
Appeal history (not available in the database):
First instance court: Juzgado de Primera Instancia número dieciséis de Málaga.
Date: 14-11-2013