PIL instrument(s)

Case number and/or case name

Juan Pablo.vs. Delfina.Roj: AAP BU 647/2010 - ECLI:ES:APBU:2010:647A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

28 July 2010

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction resolved on the basis of Brussels II a Relation provisions. Key facts: appointement of a judicial defender for the partition of goods from a heritage. Dispute on the determination of the habitual residence of the minors (beneficiaries of the heritage from their late mother). A first instance court resolved that Spanish courts were not competent to decide on the case. Court decision: Spanish courts are competent to decide on the case according to arts. 1.1 and 1.2 b) (determination of a legal curatorship) and art. 8 (the children have their habitual residence in Spain, even though they lived temporarily in Austria (the father of the minors had to change his residence for employment reasons for a short period of time -6 months-). The court applies correctly the general rules on jurisdiction of Brussels II a Regulation in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 7 de Burgos (Spain) (First instance) Date:04-12-2009