Case number and/or case name
Gabriela. Roj: SAP MA 2549/2012 - ECLI:ES:APMA:2012:2549
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
12 November 2012
CJEU's case law cited by the court
Summary
Application of Brussels IIa Regulation provisions to the resolution of a child abduction case transacted in Spain.
Key facts: The mother transfers the children illicitly from the United Kingdom to Spain. A British court claims for the return of the children.
Court decision: the court comes to the conclusion that Spanish courts must authorise the return of the children to the United Kingdom according to art. 11.4 of Brussels II a Regulation.
The court estimates that he cannot refuse to return the children on the basis of Article 13b of the 1980 Hague Convention if it is established that adequate arrangements have been made to secure the protection of the child after his or her return, which is the case, by British authorities.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia N.º 16 de Málaga (Spain) (First instance)
Date: 07-06-2012