Case number and/or case name
Santos vs. Martina.Roj: SAP CC 23/2014 - ECLI:ES:APCC:2014:23
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
20 April 2014
CJEU's case law cited by the court
Summary
Parental responsibility case transacted in Spain.
Key facts: Interpretation of the concept of custody according to Brussels II a Regulation provisions.
Court decision: in order to decide, the court makes an interpretation of the concept of custody according to art. 2.9 of Brussels II a Regulation (related to the right to choose the habitual residence of a child by his parents).
The court makes an interpretation of the concept of custody according to the European Regulation on parental responsibility and not according to Spanish law (the Spanish Civil Code does not include a clear definition of the figure of "parental responsibility" and its conexion with a right of custody).
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia núm.- 1 de Trujillo (Spain) (First instance)
Date: 25-07-2013