Case number and/or case name
Nieves vs. Ernesto.Roj: SAP CA 785/2013 - ECLI:ES:APCA:2013:785
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
24 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 by the court according to Brussels II a Regulation provisions.
Court decision: in order to decide, the court makes an interpretation of the concept of custody according to art. 2.9 of Brussels II a Regulation.
Pursuant to that article, 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").
Appeal history (not available in the database):
Court decision: uzgado de Primera Instancia núm 1 de El Puerto de Santa María. (Spain) (First instance)
Date: 07-10-2012