PIL instrument(s)

Case number and/or case name

Jerónimo vs. Elvira.Roj: SAP CO 401/2011 - ECLI:ES:APCO:2011:401

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

16 January 2011

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Modification of a visitation agreement previously decided by a Spanish court concerning a child living in Spain. The mother lives in Belgium and alleges that Spain is not competent to decide on the case according to art 10 of Brussels II a Regulation. Court decision: the allegation of the plaintiff cannot be accepted. The plaintiff is recognising the Spanish jurisdiction by the fact that she is bringing a civil action before the Spanish courts. In addition, the case is not on an illicit transfer of a child. But even in that case, Spanish courts would be also competent to decide according to art. 12 of Brussels II a Regulation. The court makes an effective interpretation of Brussels II a Regulation provisions on jurisdiction and prorogation of jurisdiction according to which the courts of a Member State exercising jurisdiction by virtue of article 3 on an application for divorce, legal separation or marriage annulment shall have jurisdiction in any matter relating to parental responsibility connected with that application where at least one of the spouses has parental responsibility in relation to the child and the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner by the spouses and by the holders of parental responsibility, at the time the court is seised, and is in the superior interests of the child. Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia nº 5 de Córdoba (Spain) (First instance) Date:10-12-2009