Coral vs. Eloy. Roj: AAP Z 1171/2012 - ECLI:ES:APZ:2012:1171A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 1
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SubParagraph a
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Article 12
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Date of the judgement
18 June 2012
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. Interim measures concerning a child living in Rumania. His parents are living in Spain. A first instance Spanish court decided that Spain was not competent to decide on the case according to art. 8 of Brussels II a Regulation.
Court decision: Spanish courts are competent to decide on the case according to arts. 1.2 and 1.3 of Brussels II a Regulation.
The fact that the minor lives in Rumania could lead to the application of art. 8 of that legal instrument, but taking into account the exception of art. 12.3 (both parents are living in Spain) and Recital n. 5, Spanish courts are competent to decide on the interim measures concerning the minor.
Appeal history (not available in the database):
Court decision: JGDO. DE VIOLENCIA SOBRE LA MUJER Nº. 1 DE ZARAGOZA.(Spain) (First Instance)
Date: 11-08-2011