Case number and/or case name
Aurora vs. Jacobo.Roj: SAP Z 1518/2013 - ECLI:ES:APZ:2013:1518
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
01 July 2013
CJEU's case law cited by the court
Summary
Application of Brussels II a Regulation provisions to the resolution of a parental responsibility case decided upon Spanish courts.
Key facts: The child of the divorced couple does not have his habitual residence in Spain and lives in Rumania.
Court decision: Spanish courts must examine ex officio their jurisdiction according to art. 17 of Brussels II a Regulation. Spanish courts are not competent to decide on the case according to arts. 8 and 9 of that Regulation (no exception applicable).
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:JDO. PRIMERA INSTANCIA N. 5 de ZARAGOZA (Spain) (First instance)
Date: 28-02-2013