EUPillar Javier vs. Estrella. Roj: AAP MU 217/2012

Summary

Application of Brussels II a Regulation provisions to an illicit transfer of a child by his mother from Spain to France. Key facts: A French court decision ruled in favour of the mother. A first instance Spanish court decided that the child did not have to return to Spain (the father was accused of committing gender-based violence). Court decision: the court revised art. 42.2 c) of Brussels II a Regulation as done by the first instance Spanish court, but finally comes to the conclusion the child must return to Spain. The accusations against the father were finally dismissed by another Spanish court. In order to decide, the court makes an examination of the formal requirements of Brussels II a Regulation on the return of a child entailed by an enforceable judgment given in a Member State that shall be recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition if the judgment has been certified in the Member State of origin. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia Número Cinco de San Javier (Spain) (First instance) Date: 03-11-2011