PIL instrument(s)

Case number and/or case name

Rosaura vs. Carlos María. Ref. JUR\2014\236808

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

08 May 2014

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction on the basis of Brussels II a Regulation provisions. Key facts: Divorce case. Maintenance dispute. Parental responsibility case. The minor has her habitual residence in Spain. Court decision: Spanish courts are competent to decide on the case (parental responsibility) according to arts. 3, 8 and 61 a) of Brussels II a Regulation (residence of the daughter in Spain). Spanish courts are also competent to decide on maintenance matters according to art. 2.1 of Brussel 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 database): Court decision: Juzgado Primera Instancia 17 Barcelona (Spain). (First instance). Date: 09-03-2012