PIL instrument(s)

Case number and/or case name

Gregoria vs.Jesús Carlos. Roj: SAP NA 1284/2012 - ECLI:ES:APNA:2012:1284

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

27 September 2012

Appeal history

CJEU's case law cited by the court

Summary

Divorce and 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 according to Brussels II a Regulation provisions. Court decision: in order to decide, the court makes an interpretation of the concept of custody according to arts. 2 and 5 of Brussels II a Regulation because the national legislation does not define its content. 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:02-12-2011