PIL instrument(s)

Case number and/or case name

Florián vs. Elsa.Roj: SAP NA 386/2013 - ECLI:ES:APNA:2013:386

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

26 June 2013

Appeal history

CJEU's case law cited by the court

Summary

Parental responsibility case 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 art. 2 of Brussels II a Regulation. The court also cites art. 5 in its judgement. Pursuant to art. 2 of the Regulation, 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 include 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): Juzgado de Primera Instancia Nº 3 de Pamplona/Iruña. (first instance court decision). Year: 2006