PIL instrument(s)

Case number and/or case name

Francisca vs. Juan Francisco.Roj: SAP V 2593/2007 - ECLI:ES:APV:2007:2593 Id Cendoj: 46250370102007100562

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

16 October 2007

Appeal history

CJEU's case law cited by the court

Summary

Divorce and parental responsibility case. All the members of the family are Spanish. The mother, together with the children, moves to Germany and establish her habitual residence in that Member State. Court decision: Spanish courts are competent to decide on parental responsibility matters according to art. 5.2 of Brussels I Regulation (a Spanish court decided previously on the divorce). Spanish courts are also competent to decide on the case according to art. 3.1 b) and art. 15 of Brussels II a Regulation (a German court determined that the children had a closer connection with Spanish courts which would be better placed to hear the case and guarantee their best interests). Arts. 8, 12.1 and 12.3 cannot be applied as required by the plaintiff. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 24 de VALENCIA (Spain) (First instance). Date:25-04-2007