Case number and/or case name
Rita vs. Lorenzo.Roj: SAP SG 175/2013 - ECLI:ES:APSG:2013:175
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
25 June 2013
CJEU's case law cited by the court
Summary
The matter of the case is a divorce and parental responsibility dispute transacted in Spain.
Key facts: Interpretation of the concept of visitation right according to Brussels II a Regulation.
Court decision: in order to decide, the court makes an interpretation of the concept of visitation right according to art. 2 of Brussels II a Regulation.
Pursuant to that 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 include rights of custody and rights of
access.
The term ‘rights of access' shall include in particular the right to take a child to a place other than his or her habitual residence for a limited period of time.
The court makes an interpretation of the concept of visitation right ("access") 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 content).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia de los de Segovia, nº 4 (Spain) (First instance)
Date: 11-10-2012