Case number and/or case name
Rosana.Roj: SAP MA 1762/2014 - ECLI:ES:APMA:2014:1762
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 11
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
Paragraph 8
Date of the judgement
31 March 2014
CJEU's case law cited by the court
Summary
Application of Brussels II a Regulation to the resolution of a child abduction case in Spain, The matter of the case is the transfer of a child from Lithuania to Spain by her mother. The Lithuanian authorities ask for the restitution of the child.
Court decision: the child must return to Lithuania according to art. 11 of Brussels II a Regulation (it has been proved that adequate arrangements will be made to secure the protection of the child after her return).
The court applies correctly the rules of Brussels II a Regulation on the return of a child according to which a court cannot refuse to return a child on the basis of Article 13b of the 1980 Hague Convention if it is established
that adequate arrangements have been made to secure the protection of the child after his or her return (which is the case).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número Dieciséis de Málaga (Spain) (First instance)
Date: 11-06-2012