PIL instrument(s)

Case number and/or case name

Dimas. vs. Belinda. Roj: SAP CU 523/2012 - ECLI:ES:APCU:2012:523

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

24 September 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:Interpretation of the concept of custody and visitation regime according to Brussels II a Regulation provisions. Court decision: the court interprets the concepts of custody and visitation regime according to arts. 2 and 5 of Brussels II a Regulation in order to decide if the mother had committed an illicit transfer of her daughter to another country and to modify the visitation regime concerning the minor. 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 Instrucción número 2 de Motilla del Palancar (Spain) (First instance) Date: 18-03-2011