Case number and/or case name
Jacinta vs. Norberto. Roj: SAP B 14535/2011 - ECLI:ES:APB:2011:14535 Id Cendoj: 0801937012201110071
Summary
Conflict of jurisdiction raised before Spanish courts and based on the application of Brussels I Regulation provisions.
Keyfacts: Parental responsibility case. The minor has her habitual residence in Spain. The mother is from Denmark, the father is Spanish.
Court decision: the court estimates that Spanish courts are competent to decide on the case according to art. 5.2 of Brussels I Regulation.
In order to decide, the court applies Brussels I Regulation general provisions on jurisdiction, according to which a person domiciled in a Member State may, in another Member State, be sued, in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident.
Appeal history (not available in the database):
Court decision: Juzgado Violencia sobre la Mujer 3 Barcelona (Spain) (First instance)
Date: 15-03-2010