Case number and/or case name
Gerónimo vs. Gracia. Roj: AAP B 6639/2010 - ECLI:ES:APB:2010:6639A Id Cendoj: 08019370122010200250
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
19 December 2010
CJEU's case law cited by the court
Summary
Conflict of jurisdiction on the basis of Brussels II a Regulation provisions.
Kat facts: Parental responsibility case. Parents ‘right to visitation and custody. Child maintenance dispute. The minor has his habitual residence in Germany.
Court decision: the Spanish court decides that German courts are competent to decide on custody and parental responsibility matters.
Spanish courts are competent to decide on the visitation regime.
German courts are also competent to decide on child maintenance matters according to art. 5.2 of Brussels I Regulation.
The court applies general rules 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 45. Barcelona (Spain). (First instance)
Date: 12-02- 2010.