PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
Encarnación vs. Evelio. Ref. JUR/2013/356284
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 2
Paragraph 1
Brussels IIa
Article 8
Paragraph 1
Paragraph 2
Article 61
Paragraph a
Date of the judgement
09 October 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
Divorce case between two Spanish and Chilean spouses. The spouses have one child in common. The whole family live in Spain. Court decision: Spanish courts are competent to decide on parental responsibility matters (child) according to arts. 8 and 61 a) of Brussels II a Regulation (residence of the creditor in Spain). Spanish courts are also competent to decide on maintenance matters according to art. 2.1 of Brussels I Regulation.

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