Case number and/or case name
Ezequías vs. Cristina. Roj: SAP NA 331/2012 - ECLI:ES:APNA:2012:331
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
29 May 2012
CJEU's case law cited by the court
Summary
Application of Brussels IIa Regulation provisions to a parental responsibility case transacted in Spain.
The matter of the case is a modification of visiting arrangements concerning a minor living in Spain.
Key fatcs: Interpretation of the concept of custody which is not defined by the national legislation (Spanish civil code).
Court decision: the court interprets the concept of custody according to arts. 5 and 2 of Brussels II a Regulation in order to decide on the modification or not of the custody and the visiting arrangements 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 Primera Instancia Nº 3 de Pamplona/Iruña (Spain) (First instance)
Date:31-10-2011