PIL instrument(s)

Case number and/or case name

Otilia vs. Alejo. Roj: AAP M 11783/2012 - ECLI:ES:APM:2012:11783A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

09 July 2012

Appeal history

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. Parental responsibility case in the context of a divorce case transacted in Spain. Key facts: The mother and child live in the Czech Republic. A Spanish first instance court decided a series of interim measures according to art. 20 of Brussels II a Regulation. Court decision: the court decides that Spanish courts are not competent to decide on the case according to art. 3 of Brussels II a Regulation for it has been proved that the habitual residence of the child is in the Czech Republic and not in Spain. The court applies correctly the general rules 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. Appeal history (not available in the database): Court decision: Juzgado de Violencia sobre la Mujer nº 3 de los de Madrid (Spain) (First instance) Date: 28-02-2011