Case number and/or case name
Carlos Francisco vs. Bibiana.Roj: SAP B 2842/2012 - ECLI:ES:APB:2012:2842
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
27 February 2012
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.
Keyfacts: adoption of parental responsibility measures concerning a minor living in Spain. Both parents are British. There is a British court decision on a previous visitation regime decided by the parents.
Court decision: the court considers that Spanish courts are competent to decide on the case according to art. 8 of Brussels II a Regulation in as much as the habitual residence of the minor is in Spain.
The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seised.
Appeal history (not available in the database):
Court decision: JUZGADO PRIMERA INSTANCIA 17 BARCELONA (Spain) (First instance)
Date: 09-06-2010