Aurora vs. Alejandro.Roj: SAP B 8714/2012 - ECLI:ES:APB:2012:8714
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
SubParagraph a
Paragraph 7
SubParagraph b
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Date of the judgement
23 July 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction raised before Spanish courts and based on the application of Brussels II a Regulation provisions.
Key facts:Parental responsibility case raised before Spanish courts. A series of measures were decided in favour of a minor living in Spain. The father is from the United States of America, the mother is British.
Court decision: the court estimates that Spanish courts are competent to decide on the adoption of parental responsibility measures according to art. 8 of Brussels II a Regulation and art. 5 of Brussels I Regulation.
The court applies correctly the 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 (that is to say, Spain in this particular case).
Appeal history (not available in the database):
Court decision: JUZGADO PRIMERA INSTANCIA 19 BARCELONA (Spain) (First instance)
Date: 08-03-2011