PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
María Teresa. Roj: SAP B 14653/2013 - ECLI:ES:APB:2013:14653
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 2
Paragraph 1
Brussels IIa
Article 3
Paragraph 1 SubParagraph a Indent 1
Paragraph 1 SubParagraph a Indent 2
Paragraph 1 SubParagraph a Indent 3
Paragraph 1 SubParagraph a Indent 4
Paragraph 1 SubParagraph a Indent 5
Paragraph 1 SubParagraph a Indent 6
Paragraph 1 SubParagraph b
Paragraph 2
Article 8
Paragraph 1
Paragraph 2
Date of the judgement
17 December 2013
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. Kay facts: Parental responsibility case. The mother is from the USA and lives in Spain. The children of the divorced couple live also in Spain. Court decision: the court examines ex officio its jurisdiction. Spanish courts are competent to decide on the case according to art. 2.1 of Brussels I Regulation and arts 3 and 8 of Brussels II a Regulation. 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 9 VILANOVA I LA GELTRÚ (Spain) (First instance) Date: 08-06-2012

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