PIL instrument(s)
Brussels I
Case number and/or case name
Raquel vs. Lucas. Roj: ATSJ CLM 24/2009 - ECLI:ES:TSJCLM:2009:24A Id Cendoj: 02003310012009200003
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels I
Article 39
Paragraph 1
Paragraph 2
Date of the judgement
31 March 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of territorial jurisdiction between two different first instance courts in Spain based on the application of Brussels I Regulation provisions The matter of the case is the enforcement of a court decision from Rumania in Spain on child maintenance. Court decision: after considering arts. 39 and 5.2 of Brussels I Regulation, the court comes to the conclusion that the first instance court in which location the child lives is the court in charge to decide on the case (enforcement of the foreign court decision and modification of parental responsibility measures).

This website is written and maintained by the University of Aberdeen's Research Applications and Data Management Team