Raquel vs. Ernesto.Roj: AAP CS 695/2009 - ECLI:ES:AP CS:2009:695A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 37
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Article 39
Date of the judgement
15 November 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
Recognition of a Rumanian court decision in Spain on the basis of Brussels II a Regulation provisions.
Key facts: Divorce case transacted in Spain. The plaintiff (wife) objects and alleges that the requirements of arts. 37 and 39 of Brussels II a Regulation have not been fulfilled.
Court decision: The court considers that the defendant has satisfied the conditions required by arts. 37 and 39 of Brussels II a Regulation (provision to the court of a certification and a copy of the foreign judgment). As a consequence, the Rumanian court decision must be recognised in Spain.
In order to decide, the court makes an effective examination of the formal requirements of Brussels II a Regulation for the enforcement of a foreign court decision delivered by another Member State.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia del Juzgado nº 7 de Castellón (Spain) (First instance)
Date:08-05-2009