Case number and/or case name
Herminio vs. Julieta.Roj: SAP TO 516/2010 - ECLI:ES:APTO:2010:516
Details of the court
Spain, First Instance
Articles referred to by the court
Date of the judgement
11 January 2010
CJEU's case law cited by the court
Summary
Divorce case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.
The matter of the case is the determination of the custody of the daughter of a divorced couple in Spain and the adoption of definitive parental responsibility measures .
Court decision: the court refers to arts. 2.8 and 11 b) of Brussels II a Regulation in order to interpret the concept of custody (which differs from the one defined by Spanish law).
The court makes an interpretation of the concept of custody according to the European Regulation on parental responsibility and not according to Spanish law (the Spanish Civil Code does not include a clear definition of the figure of "parental responsibility").