PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
Trinidad vs. Olegario.Roj: AAP LO 145/2012 - ECLI:ES:APLO:2012:145A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 2
Paragraph 1
Paragraph 2
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 1
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 3 SubParagraph f
Paragraph 3 SubParagraph g
Article 8
Paragraph 1
Paragraph 2
Article 12
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Article 17
Date of the judgement
08 March 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. Maintenance and parental responsibility case. Key facts:The father of the minor is from Portugal, the mother and child are from Poland and live in Poland. The habitual residence of the father is unknown. Court decision: Spanish courts are not competent to decide on the case according to arts .17 and 8 of Brussels II a Regulation (the special jurisdiction rule of art. 12.3 is not applicable). As to maintenance matters, Spanish courts are not competent to decide on the case according to arts. 2 and 5 of Brussels I Regulation. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 1 de Logroño (Spain) (First instance) Date: 08-06-2011

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