Case number and/or case name
Belinda.Roj: SAP B 10785/2014 - ECLI:ES:APB:2014:10785
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
25 September 2014
CJEU's case law cited by the court
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 parents are a divorce couple with children from Bolivia. The whole family lives in Spain.
Court decision: Spanish courts are competent to decide on the case according to art. 8 of Brussels II a Regulation as the habitual residence of the children is in Spain.
The court applies correctly the general rules of the Regulation on jurisdiction in matters of parental responsibility over children who are habitually resident in a Member State at the time the court is seized.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia n. 4 Hospitalet de Llobregat. (Spain) (First instance)
Date: 01-02-2013