PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
Blanca vs.Gabino.Ref. JUR\2014\52569
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
30 January 2014
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. Kaey facts: Maintenance and parental responsibility case. The couple is not married but has two daughters. Court decision: Spanish courts are competent to decide on parental responsibility matters according to arts. 8 and 61 a) of Brussels II a Regulation (residence of the creditors). The court is also competent to decide on maintenance matters according to art. 2.1 of Brussels I 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 databse): Court decision: Juzgado de Primera Instancia 3 Cornellá de Llobregat. (Spain). (First instance) Date: 13-06-2012

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