PIL instrument(s)

Case number and/or case name

Tarsila vs. Pedro Jesús.Roj: STS 4824/2011 - ECLI:ES:TS:2011:4824

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

06 July 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: Conflict of jurisdiction between Spanish and Belgian courts. The matter of the case is the modification of custody and visitation measures of several minors, chilfren of a divorced couple in Spain. The children are living in Belgium. Court decision: Spanish courts are competent to decide on the case according to art. 14 of Brussels II a Regulation. The exception contained in art. 15.1 of that legal instrument is not applicable (a suspension of the proceedings in Spain would be contrary to the best benefit of the children). The court decides on the competent jurisdiction following Brussels II a Regulation provisons on residual jurisdiction and taking primarily into account the concept of best benefits for the child. Appeal history (not available in the database): Court decision: Audiencia Provincial de Alicante, Sección 6ª (Spain) (First instance) Date:22-03-2010 Court decision: Juzgado de Primera Instancia número 10 de Alicante (Spain) (First instance)