PIL instrument(s)
Brussels IIa
Case number and/or case name
Carlos Daniel vs. Eloísa. Roj: SAP B 1937/2009 - ECLI:ES:APB:2009:1937
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 3 SubParagraph d
Paragraph 3 SubParagraph e
Paragraph 3 SubParagraph f
Paragraph 3 SubParagraph g
Article 2
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
Paragraph 8
Paragraph 9
Paragraph 10
Paragraph 11 SubParagraph a
Paragraph 11 SubParagraph b
Article 21
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 22
Paragraph a
Paragraph b
Paragraph c
Paragraph d
Date of the judgement
03 March 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
Application of Brussels II a Regulation provisions to the enforcement of a judgement given by a Member State in Spain. The matter of the case is the recognition in Spain of a French court decision on the modification of a visiting arrangement in the context of a divorce case. Court decision: Brussels II a Regulation is applicable to the case according to arts. 1 and 2. The French court decision must be recognised in Spain automatically according to arts. 21 and 22 of Brussels II a Regulation. The court makes an effective examination of the formal requirements of Brussels II a Regulation on the enforcement of court decisions given by the Member States. Appeal history (not available in the database): Court decision: el Juzgado de Primera Instancia nº 15 de Barcelona (Spain) (First instance) Date:26-11-2007

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