Carla vs. Saturnino.Roj: SAP SS 193/2014 - ECLI:ES:APSS:2014:193
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Article 9
Paragraph 1
Paragraph 2
Article 12
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 3
SubParagraph a
Paragraph 3
SubParagraph b
Date of the judgement
21 May 2014
Appeal history
None
CJEU's case law cited by the court
None
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 matter of the case is a visiting arrangement concerning a minor and her grand-parents. The minor has his habitual residence in France.
Court decision: the court decides that Spanish courts are not competent to decide on the case according to arts. 8 of Brussels II a Regulation (the child is living in France). Arts. 9 and 12 are not applicable. The judge also takes into account the best benefit of the child contained in Recital n.12 of that Regulation in order to decide.
The court applies correctly the general rules on jurisdiction of the Regulation in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized.
Appeal history (not available in the database):
Court decision: Juzgado de Violencia Sobre Mujer nº 1 de Donostia (Spain) (First instance)
Date: 14-01-2014