PIL instrument(s)

Case number and/or case name

Abelardo vs. Paloma.Roj: SAP H 407/2012 - ECLI:ES:APH:2012:407

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

18 January 2012

Appeal history

CJEU's case law cited by the court

Summary

Parental responsibility case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Modification of measures (visitation agreement) concerning a minor in the context of a divorce case. Interpretation of the concept of custody according to Brussels II a Regulation. Court decision: the court interprets the concept of custody according to art. 2 of Brussels II a Regulation in order to determine the habitual residence of the child which must be agreed by both parents. The court makes an interpretation of the concept of custody according to the European Regulation on parental responsibility 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 database): Court decision: Juzgado de Primera Instancia número 7 de los de Huelva (Spain) (First instance) Date: 13-12-2010