PIL instrument(s)

Case number and/or case name

Eulalia vs. Luis Pablo.Roj: AAP M 18979/2012 - ECLI:ES:APM:2012:18979A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

15 November 2012

Appeal history

CJEU's case law cited by the court

Summary

The matter of the case is a conflict of jurisdiction between Spain and Italy on the basis of Brussels II a Regulation provisions. Key facts: adoption of interim measures concerning a child living in Italy. Allegation of lis pendens by one of the parties. Recognition of a foreign court decision in Spain. Court decision:the court comes to the conclusion that Spanish courts are not competent to decide on the case according to art. 8 (for the habitual residence of the minor is in Italy) and arts. 17 and 19 of Brussels II a Regulation (there were previous interim measures already decided by an Italian court). The Italian court decision on interim measures is immediately recognised by the Spanish courts according to art. 21 of Brussels II a Regulation. The court applies the general rule 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. In addition, the court makes an effective examination of the formal requirements of Brussels II a Regulation for the recognition of a foreign court decision delivered by another Member State. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 80 de los de Madrid (Spain) (First instance) Date: 04-11-2011