PIL instrument(s)

Case number and/or case name

Cristóbal. vs. Covadonga.Roj: SAP NA 505/2010 - ECLI:ES:APNA:2010:505

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

14 June 2010

Appeal history

CJEU's case law cited by the court

Summary

Application of Brussels IIa Regulation provisions to the modification of measures on the custody of the children of a divorced couple in Spain. Court decision: the court considers that the concept of custody must be interpreted according to arts. 2 and 5 of Brussels II a Regulation. Following the first instance court decision, the mother was attributed the right to custody and the father a right to visitation. The first instance court decision must be considered as valid. The court makes an interpretation of the concept of custody according to the provisions of Brussels IIa Regulation provisions and not according to Spanish law (the Spanish concept of "custody" is different from the one formulated by the Regulation). Appeal history (not available in the database). Court decision: Juzgado de Primera Instancia Nº 8 de Pamplona/Iruña (Spain) (First instance) Date: 31-03-2009