PIL instrument(s)

Case number and/or case name

José Manuel vs. Inés.Roj: AAP CS 527/2011 - ECLI:ES:APCS:2011:527A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

11 May 2011

Appeal history

CJEU's case law cited by the court

Summary

Enforcement of a divorce judgment from a Rumanian court in Spain including parental responsibility measures (the custody of the child is attributed to the father who lives in Rumania). Application of Brussels II a Regulation provisions to the case. Key facts: A Spanish first instance court decided that the foreign court decision must not be recognised following the application of an exception foreseen by the Spanish law (best benefit of the child- therefore, the child must stay in Spain-). Court decision: the court estimates that the first instance court decision must not be taken into consideration. The Rumanian court decision must be enforced in Spain according to arts. 8.1, 21 and 28 of Brussels II a Regulation. The child must return to Rumania. In order to decide, the court makes an effective examination of the formal requirements of Brussels II a Regulation for the recognition and enforcement of a foreign court decision delivered by another Member State. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia número 7 de Castellón (Spain) (First instance) Date: 25-10-2010