Case number and/or case name
Rosalía vs. Luis Alberto.Roj: SAP NA 1009/2012 - ECLI:ES:APNA:2012:1009
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 2
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
Paragraph 8
Paragraph 9
Paragraph 10
Paragraph 11
SubParagraph a
Paragraph 11
SubParagraph b
Date of the judgement
05 August 2012
CJEU's case law cited by the court
Summary
Divorce and parental responsibility case raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Interpretation by the court of the concept of custody according to arts. 2 of Brussels II a Regulation.
Court decision: the court makes an interpretation of the concept of custody according to arts. 2 of Brussels II a Regulation (right to visitation and right to decide on the habitual residence of a child).
The court makes a wide interpretation of the concept of custody according to the European Regulation on parental responsibility and not according to Spanish law (the Spanish Civil Code does not include a clear definition of the figure of "parental responsibility" and its conexion with a right of custody). According to Regulation (EC) No 2201/2003, the term ‘rights of custody' shall include rights and duties relating to the care of the person of a child, and in particular the right to determine the child's place of residence.
Appeal history (not available in the database):
Court decision: Juzgado de Violencia sobre la Mujer Nº 1 de Pamplona/Iruña. (Spain) (First instance)
Date: 20-02-2012