Case number and/or case name
Daniel vs. Aída.Roj: SAP M 11818/2013 - ECLI:ES:APM:2013:11818
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
17 June 2013
CJEU's case law cited by the court
Summary
The matter of the case is a parental responsibility dispute transacted in Spain.
Key facts: Interpretation of the concept of custody according to Brussels II a Regulation.
Court decision: in order to decide, the court makes an interpretation of the concept of custody according to art. 2 of Brussels II a Regulation. Pursuant to this article, the term ‘parental responsibility' shall mean all rights and duties relating to the person or the property of a child which are given to a natural or legal person by judgment, by operation of law or by an agreement having legal effect.
The term shall iniclude rights of custody and rights of access.
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 conexion with a right of custody).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 80 de los de Madrid (Spain) (First instance)
Date: 29-01-2013