PIL instrument(s)

Case number and/or case name

Carlos Ramón. Roj: ATS 9917/2009 - ECLI:ES:TS:2009:9917A

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

06 July 2009

Appeal history

CJEU's case law cited by the court

Summary

Rejection of the recognition of a foreign court decision in Spain on the basis of Brussels II a Regulation. Regulation not applicable to the case. The matter of the case is an appeal against the recognition of a foreign court decision in Spain by means of an exequatur. Court decision: the appeal is rejected by the court because the plaintiff did not prove the existence of cassation interest before the court. The plaintiff alleges the application of Brussels II a Regulation to the case in third instance when he should have invoked that rule previously. By the way, Brussels II a Regulation is not a substantive rule applicable to the case. For those reasons the court decides that there is a lack of cassation interest and reject the appeal. Appeal history (not available in the database): Court decision: Audiencia Provincial de Oviedo (Sección 1ª),(Spain) (Second Instance) Date: 17-04-2008 Court decision: Juzgado de Primera Instancia nº 7 de Oviedo (Spain) (First instance)