Case number and/or case name
Basilio vs. Guadalupe.Roj: AAP NA 38/2013 - ECLI:ES:APNA:2013:38A
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
26 May 2013
CJEU's case law cited by the court
Summary
Parental responsibility case decided upon Spanish courts. Interpretative application of Brussels II a provisions.
Key facts: Interpretation by the court of the concept of custody according to Brussels II a Regulation or according to Spanish national law.
Court decision: in order to decide, the court makes an interpretation of the concept of custody according to arts. 2 and 5 of Brussels II a Regulation.
The court makes an 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 conextion with a right of custody).
According to Brussels II a Regulation, 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 Primera Instancia Nº 3 de Pamplona/Iruña (Spain) (First instance)
Date:05-10-2012