PIL instrument(s)

Case number and/or case name

Violeta vs. Clemente.Roj: SAP PO 2067/2011 - ECLI:ES:APPO:2011:2067

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

26 July 2011

Appeal history

CJEU's case law cited by the court

Summary

Keyf facts: Modification of visitation measures decided by a Spanish court in the context of a divorce case transacted in Spain. Interpretation of the concept of parental responsibility according to Brussels II a Regulation provisions. Court decision: the court interprets the concept of parental responsibility according to art. 2 of Brussels II a Regulation. The custody of the child of the divorced couple is attributed to the mother and a visitation regime to the father. The habitual residence and the school the minor will attend must be decided by both parents for those parental decisions fall under the concept of parental responsibility, according to the court. The court makes an interpretation of the concept of "parental responsibility according to Regulation (EC) No 2201/2003 and not according to Spanish law (the Spanish Civil Code does not include a clear definition of the figure of "parental responsibility"). Appeal history (not available in the datbase): Court decision: JUZGADO DE 1ª INSTANCIA NUM. 5 DE PONTEVEDRA (Spain) (First Instance) Date:24-02-2010