Case number and/or case name
Encarna vs. Ricardo.Roj: SAP B 1159/2014 - ECLI:ES:APB:2014:1159
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
18 February 2014
CJEU's case law cited by the court
Summary
Conflict of jurisdiction on the basis of Brussels II a Regulation provisions.
Key facts: Parental responsibility case in Spain. The parents of the minor are from Nigeria. The child has his habitual residence in Spain.
Court decision: Spanish courts are competent to decide according to art. 8 of Brussels II a Regulation (the child is living in Spain).
The court applies general rules on jurisdiction 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 Primera Instancia 2
Martorell (Spain) (First instance)
Date: 12-04-2011