EUPillar Leovigildo vs. Gregoria.Roj: SAP Z 2102/2013

Summary

Conflict of jurisdiction raised before Spanish courts and resolved on the basis of Brussels II a Regulation provisions. Key facts: Parental responsibility case transacted in Spain. The child lives in Rumania. Both parents live in Spain. Court decision: the court comes to the conclusion that Rumanian courts could be competent to decide on the case in first instance according to art. 8 of Brussels II a Regulation. Nevertheless, the court estimates that Spanish courts are finally competent to decide in application of the exception contained in art. 12 of Brussels II a Regulation (in as much as all of the requirements are fulfilled). The court makes a correct interpretation of the general rule on jurisdiction and the provisions on the prorogation of jurisdiction of Brussels II a Regulation. According to the general rule on jurisdiction, the courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised (which would be Rumania, in this particular case). Nevertheless, the court bases its judgement on the rules on prorrogation of jurisdiction of the Regulation according to which the courts of a Member State exercising jurisdiction by virtue of Article 3 on an application for divorce, legal separation or marriage annulment shall have jurisdiction in any matter relating to parental responsibility connected with that application where at least one of the spouses has parental responsibility in relation to the child and the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner by the spouses and by the holders of parental responsibility, at the time the court is seised, and is in the superior interests of the child. Appeal history (not available in the database): Court decision: JDO. PRIMERA INSTANCIA N. 6 de ZARAGOZA (Spain) (First instance) Date: 05-06-2013