Case number and/or case name
Leonardo vs. Aurora. Roj: AAP O 420/2012 - ECLI:ES:APO:2012:420A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 12
Paragraph 1
SubParagraph b
Date of the judgement
17 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 measures adopted in favour of a child living in Rumania in the context of a divorce case. A Spanish court decided on the divorce. The child is living in Rumania for more than three months since the divorce court judgment was released.
Court decision: Spanish courts are not competent to decide on the case according to art. 8 of Brussels II a Regulation. The exceptions of arts. 9 and 12.1 b) of that Regulation are not applicable.
The court applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seised.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número nueve de los de Oviedo (Spain) (First instance)
Date: 10-10-2011