Case number and/or case name
Lorenza vs. Cosme. Roj: AAP CA 12/2012 - ECLI:ES:AP CA:2012:12A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
12 January 2012
CJEU's case law cited by the court
Summary
Application of Brussels II a Regulation provisions to the resolution of a child abduction case.
Key facts: The mother asks for the return of her son transferred from Gibraltar to Spain by his father. A court decision from Gibraltar asks for the return of the child. The mother brings a second civil action before justice concerning parental responsibility measures. The new court decision is contradictory to the first one.
Court decision: the court comes to the conclusion that there has not been an illicit transfer of the child in as much as both parents have a joint custody on the minor. The court decision from Gibraltar cannot be enforced in Spain according to art 47 of Brussels II a Regulation (the second court decision is contrary to the first one).
Spanish courts are competent to decide on parental responsibility measures concerning the child according to art. 8 of Brussels II a Regulation (habitual residence in Spain).
The court applies correctly the general rule on jurisdiction of Brussels II a Regulation in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized (which was Spain, in this particular case).
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº 3 de los de La Línea de la Concepción (Spain) (First instance)
Date: 30-12-2010