EUPillar Valeriano vs. Sacramento.Roj: AAP M 9635/2012

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Parental responsibility case transacted in Spain. The children of the divorced couple are living in The Netherlands. Court decision: Spanish courts must examine their jurisdiction ex officio according to arts 17, 38 and 39 of Brussels II a Regulation. The court comes to the conclusion that Spanish courts are not competent to decide on the case according to art.8 of Brussels II a Regulation. The court refers to art. 2.7 of that Regulation in order to define the concept of parental responsibility. 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. In addition, the court makes an interpretation of the concept of "parental responsibility" 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"). Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia nº 76 de Madrid (Spain) (First instance) Date: 06-06-2011