PIL instrument(s)
Brussels IIa
Case number and/or case name
Marcelina vs. Prudencio.Roj: AAP LO 15/2009 - ECLI:ES:APLO:2009:15A
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
26 February 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
The matter of the case is the enforcement in Spain of a Rumanian court decision on divorce and maintenance matters. Brussels II a Regulation is not applicable to the case. Key facts: A Spanish first instance court decided that the foreign court decision needed an extra proceeding to be enforced in Spain. Court decision: the court estimates that according to Recitals 8 and 11, Brussels II a Regulation is not applicable to the case as alleged by the plaintiff (the foreign court decision was previous to its entry into force; furthermore, the Regulation is not applicable to maintenance cases). According to arts. 33 to 37 of Brussels I Regulation (and 33 in particular), the Rumanian court decision must be enforced automatically in Spain without any particular proceeding. Appeal history (not available in the database): Court decision: JDO. DE 1º INSTANCIA N.1 de LOGROÑO (Spain) (First instance) Date: 01-09-2008

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