Case number and/or case name
Lucas vs. Marina. Roj: AAP L 583/2008 - ECLI:ES:APL:2008:583A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
18 September 2008
CJEU's case law cited by the court
Summary
Application of Brussels II a Regulation provisions to the enforcement of a foreign court decision in Spain. The matter of the case is a parental responsibility dispute transacted before Spanish courts.
Key facts: a Portuguese court decision concerning a child was adopted without hearing the minor. The plaintiff claims against the recognition of the foreign judgment in Spain.
Court decision: the courst estimates that he hearing of the child is not compulsory and its absence has not violated any fundamental principle of procedure in Spain according to art. 23 b) of Brussels II a Regulation.
As a consequence, the court recognises the foreign court decision in Spain.
The court makes an examination of the grounds of non-recognition for judgments relating to parental responsibility of Brussels II a Regulation but does not estimates that in the particular case a violation of fundamental principles of procedure of the Member State in which recognition is sought (that is to say, Spain) has occurred.
Appeal history (not available in the database):
Court decision: Juzgado Primera Instancia 5 Lleida (Spain) (First instance)
Date: 18-01-2008