Case number and/or case name
Gerónimo vs. Gracia.Roj: AAAP B 432/2011 - ECLI:ES:APB:2011:432
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
02 February 2011
CJEU's case law cited by the court
Summary
Child abduction case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.
The matter of the case is the petition of a clarification of a previous court decision (Spanish second instance court) concerning the transfer of a child to Germany. The claimant ask for the declaration of the transfer as an illicit transfer of a minor according to Brussels IIa Regulation provisions.
Court decision: the court estimates that there is nothing to clarify. The transfer can be considered as licit according to arts 9 and 11.6 of Brussels II a Regulation. The child moved lawfully from one Member State to
another and acquired a new habitual residence there legally.
Before giving its judgement, the court makes an effective examination of the formal requirements of Brussels IIa Regulation on the jurisdiction in the cases of child abduction .
Appeal history (not available in the database):
Court decision: Audiencia Provincial
Sede: Barcelona, Sección: 12 (Spain) (Second instance)
Date: 20-12-2010
Court decision: JUZGADO PRIMERA INSTANCIA 45 BARCELONA (Spain) (First instance)