Case number and/or case name
Mari Jose vs. Modesto.Roj: SAP V 2434/2014 - ECLI:ES:APV:2014:2434
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
03 June 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. Both parents are from Ecuador. The child is living in Ecuador.
Court decision: the court estimates that Spanish courts are not competent to decide on the case according to art. 8 of Brussels II a Regulation (the child is not living in Spain).
The court applies correctly the general rules of the Regulation 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 de Primera Instancia nº 24 de Valencia. (Spain) (First instance)
Date: 24-10-2013