PIL instrument(s)

Case number and/or case name

Camino vs. Augusto.Roj: SAP V 405/2012 - ECLI:ES:APV:2012:405

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

23 January 2012

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. Parental responsibility measures adopted in the context of a divorce case. Key facts: The divorce was decided by a Portuguese Court. The child of the divorced couple lives in Spain. The plaintiff asks for a preliminary judgment of the CJEU concerning the jurisdiction of the court (allegedly specialized in gender-based violence) Court decision: the petition of a preliminary judgment to the CJEU is not accepted by the court which has no doubt about its civil jurisdiction. Spanish courts are competent to decide on the case (parental responsibility matters) according to arts. 8, 12 and 15 of Brussels II a Regulation in as much as the habitual residence of the minor is in Spain. In addition, Portuguese courts have expressed their lack of jurisdiction according to art. 19 of Brussels II a Regulation. The court applies the rules on prorogation of jurisdiction and general rules of Brussels II a Regulation on jurisdiction in matters relating to parental responsibility according to which the courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised. Appeal history (not available in the database): Court decision: Juzgado de Violencia sobre la Mujer número 3 de Valencia (Spain) (First instance) Date: 29-06-2011