Case number and/or case name
Ángeles vs. Juan Antonio. Roj: SAP GC 2071/2012 - ECLI:ES:APGC:2012:2071
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
28 June 2012
CJEU's case law cited by the court
Summary
The matter of the case is a modification of measures (visitation agreement) in the context of a divorce case transacted in Spain. Application of Brussels II a Regulation privisions to the case.
Key facts: The child of the divorced couple lives in The Netherlands, the father lives in Spain. Interpretation of the concept of custody according to Brussels II a Regulation.
Court decision: the court interprets the concept of custody according to art. 2.9 of Brussels II a Regulation. Both parents must come to an agreement concerning the visitation regime of the minor. The child can spend time in Spain with her father (the father assumes all the travel costs).
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: del Juzgado de 1a instancia número 2 de San Bartolomé de Tirajana (Spain) (First instance)
Date:20-11-2010