PIL instrument(s)
Brussels IIa
Case number and/or case name
Alejandro vs. Dolores.Roj: SAP NA 534/2011 - ECLI:ES:APNA:2011:534
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
25 July 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
Application of the provisions of Brussels II a Regulation to the resolution of a parental responsibility case in Spain. The matter of the case is the Interpretation of the concept of custody according to Brussels II a Regulation or according to Spanish national law (Civil Code). Court decision: the Spanish civil code does not include a precise definition of the concept of “custody”. This one is interpreted according to arts. 2 and 5 of Brussels II a Regulation. Following that particular interpretation, the mother is attributed by the court the full custody of the child and the father, a right to visitation. In order to decide, the court makes an interpretation of the concept of custody according to Brussels IIa Regulation provisions and not according to Spanish law. Appeal history (not available in the database). Court decision: Juzgado de Primera Instancia Nº 3 de Pamplona/Iruña (Spain) (First instance) Date:28-07-2011

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