Case number and/or case name
María Virtudes vs. Jesús Luis. Roj: AAP SA 26/2006 - ECLI:ES:APSA:2006:26A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 15
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Date of the judgement
26 November 2006
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. Parental responsibility case. The mother is Spanish, the father is Italian. The children of the divorced couple were born in Spain but live in Italy. An Italian court decided on the divorce (the marriage was celebrated in Italy in the year 1993).
Court decision: Spanish courts are not competent to decide on parental responsibility matters according to arts. 8.1 and 15.1 of Brussels II a Regulation (best interest of the children).
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 de 1ª Instancia Nº 2 de Salamanca (Spain) (First instance)
Date:28-09-2006