Case number and/or case name
Mauricio vs. Adriana.Roj: SAP CA 1247/2013 - ECLI:ES:APCA:2013:1247
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
08 October 2013
CJEU's case law cited by the court
Summary
Parental responsibility case Spain transacted in Spain. Key facts: Interpretation of the concept of custody according to Brussels II a Regulation.
Court decision: the court makes an interpretation of the concept of custody according to art. 2.9 of Brussels II a Regulation and refuses to accept the modification of the habitual residence of the child of a divorced couple.
Pursuant to article 2.9 of 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.
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 núm 4 de El Puerto de Santa María (Spain) (First instance)
Date: 11-12-2012