Case number and/or case name
Jorge and Celia (children).Roj: SAP B 11168/2013 - ECLI:ES:APB:2013:11168
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1
SubParagraph b
Date of the judgement
06 November 2012
CJEU's case law cited by the court
Summary
Application of the provisions of Brussels II a Regulation to the resolution of an illicit transfer of two children from Portugal to Spain decided by one of their parents.
Court decision: the court comes to the conclusion that the children must stay in Spain in application of arts. 11.4 and 13 b) of Brussels II a Regulation.
The court rejects the return of the children for it has not been proved that adequate arrangements have been made to secure the protection of the minors after their return to Portugal.
The court makes a restrictive interpretation of Brussels II a Regulation provisions on jursidiction based on the child presence and on the return of a child according to which a court cannot refuse to return a child on the basis of Article 13b of the 1980 Hague Convention if it is established that adequate arrangements have been made to secure the protection of the child after his or her return (which was not the case, according to the Spanish court).