Coral vs. Eloy.Roj: AAP Z 1171/2012 - ECLI:ES:APZ:2012:1171A
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Article 9
Paragraph 1
Paragraph 2
Article 10
Paragraph a
Paragraph b
SubParagraph i
Paragraph b
SubParagraph ii
Paragraph b
SubParagraph iii
Paragraph b
SubParagraph iv
Article 12
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Paragraph 2
SubParagraph c
Paragraph 3
SubParagraph a
Paragraph 3
SubParagraph b
Paragraph 4
Date of the judgement
10 August 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.
Key facts Parental responsibility case transacted in Spain.
The matter of the case is the adoption of interim measures concerning a child living in Rumania. The divorced parents are living in Spain.
Court decision: the court decides that Spanish courts are not competent to decide on the case according to art. 8 of Brussels II a Regulation. None of the exceptions contained in arts. 10, 9 and 12 are applicable.
The court applies correctly the general rules on jurisdiction of Brussels II a Regulation in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized.