PIL instrument(s)
Brussels IIa
Case number and/or case name
Juan María vs Paloma.Roj: SAP NA 504/2010 - ECLI:ES:APNA:2010:504
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 2
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
Paragraph 8
Paragraph 9
Paragraph 10
Paragraph 11 SubParagraph a
Paragraph 11 SubParagraph b
Article 5
Date of the judgement
13 June 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
Key facts: Parental responsibility case transacted in Spain. Interpretation of the concept of “parental responsibility” related to custody and right to visitation according to Brussels IIa Regulation provisions. Court decision: The court makes a clear interpretation of the concepts of parental responsibility”, custody and right to visitation, according to arts. 2 and 5 of Brussels II a Regulation. The mother is awarded the full custody of the children of the divorced couple and the father, a right to visitation. The court makes an interpretation of the concepts of custody, right to visitation and parental responsibility according to Brussels II a Regulation provisions and not according to Spanish law (the Spanish Civil Code does not include a clear definition of the figure of "parental responsibility"). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia Nº 3 de Pamplona/ Iruña (Spain) (First instance) Date:04-06-2009

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