Guillermo vs. Julia. Roj: SAP B 4526/2012 - ECLI:ES:APB:2012:4526
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
21 May 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction on the basis of Brussels II a Regulation provisions.
Ket facts: adoption of parental responsibility measures in the context of a divorce case. The father is German, the mother is Spanish. The children are living in Spain.
Court decision: Spanish courts are competent to decide on the adoption of parental responsibility measures according to arts. 8 of Brussels II a Regulation and 5 of Brussels I Regulation (habitual residence of the minors in Spain).
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 Primera Instancia 6 Rubí. (Spain) (First instance)
Date: 13-12-2010