PIL instrument(s)

Case number and/or case name

Abelardo. Ref. Roj: AAP B 290/2006 - ECLI:ES:APB:2006:290A

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

19 July 2005

Appeal history

CJEU's case law cited by the court

Summary

Application of Brussels II a Regulations provisions to the enforcement of a foreign court decision in Spain. The matter of the case is a divorce dispute between two spouses from Spain and Germany which resolution in Spain was based on the application of Brussels II a Regulation provisions. Key facts: The date of the marriage of the couple was 1962. The plaintiff (husband) asks for the recognition in Spain of a German court decision on the divorce (request of exequatur). The year date of the German court decision was1983. Court decision: the court decides that, according to Brussels II a Regulation, the German judgement does not need to be recognised and enforced by means of an exequatur. The court only makes a generic reference to the application of Brussels II a Regulation provisions to the case without citing any particular articles in its judgement. Appeal history: Court decision: Audiencia Provincial de Barcelona Sección: 18 (Spain) (Second Instance) Date: 17-01-2006