Case number and/or case name
Gregorio vs. Estrella. Roj: SAP Z 1015/2012 - ECLI:ES:APZ:2012:1015
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
19 April 2012
CJEU's case law cited by the court
Summary
Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions.
Key facts: Parental responsibility case in Spain transacted in Spain. Adoption of measures in favour of the two daughters of a divorce couple. The father is from Morocco.
Court decision: Spanish courts are competent to decide on the case according to art.8 of Brussels II a Regulation for the habitual residence of the minors is in Spain.
The court applies general rules on jurisdiction in matters of parental responsibility over children who are habitually resident in a Member State at the time the court is seised
Appeal history (not available in the database):
Court decision: JDO.DE VIOLENCIA SOBRE LA MUJER N.1 de ZARAGOZA (Spain) (First instance)
Date: 15-05-2011