EUPillar Marco Antonio vs. Adelaida.Roj: AAP VA 165/2011

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Conflict of jurisdiction between Spain and France courts raised in the context of a parental responsibility case. Interpretation of the concept of habitual residence of a child. Court decision: the court estimates that the case falls under the scope of art. 2.7 of Brussels II a Regulation (custody and maintenance of a child). The court competent to decide on the case must be determined according to art. 8.1 of Brussels II a Regulation (habitual residence of the child) and Recital nº 12 of that legal instrument (proximity criteria). A Spanish census certificate does not prove sufficiently the habitual residence of a child, according to CJEU´s case law. The child went to school in France and was integrated in that country. The court states that the case must be decided by French courts. The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seized. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia núm. 13 de Valladolid (Spain) (First instance) Date: 09-07-2010