PIL instrument(s)
Brussels IIa
Case number and/or case name
Luis Alberto.Roj: AAP M 61/2009 - ECLI:ES:APM:2009:61A
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
Date of the judgement
13 January 2009
Appeal history
Luis Alberto. Roj: AAP M 61/2009 - ECLI:ES:APM:2009:61A
CJEU's case law cited by the court
None
Summary
The matter of tthe case is the enforcement in Spain of a foreign court decision (Swiss judgment) in the context of a divorce case. Key facts: A Spanish first instance judge decided that he was not competent to accept the enforcement of the Swiss court judgment according to art. 29 of Brussels II a Regulation. Court decision: the court comes to the conclusion that Brussels II a Regulation is not applicable to the case for Swiss is not a European Union Member State. But according to the Convention of Lugano, the foreign judgment must be enforced in Spain. Appeal history (not available in the database): Court decision: del Juzgado de 1ª Instancia nº 5 de Móstoles (Spain) (First instance) Date:07-02-2008

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