Case number and/or case name
Esther vs. Ángel Jesús.Roj: AAP SS 40/2010 - ECLI:ES:APSS:2010:40A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 21
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 22
Paragraph a
Paragraph b
Paragraph c
Paragraph d
Date of the judgement
14 January 2010
CJEU's case law cited by the court
Summary
Enforcement of a foreign court decision in Spain in the context of a divorce case and according to the provisions of Brussels IIa Regulation.
Key facts: Divorce case transacted in Spain. The defendant alleges the existence of a French court decision on the divorce which its enforcement in Spain is pending.
Court decision: the court recognises that the enforcement of the French court decision in Spain is pending (art. 19.2 of Brussels II a Regulation).
Previously, the court had revised the requirements of arts. 21, 22, 24 and 28 of Brussels II a Regulation. Spanish courts cannot decide on the case until the foreign court decision is enforced in Spain.
The court makes an effective examination of the requirements established by Brussels IIa Regulation for the recognition of a judgement given in a Member State.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Inst. e Instrucc. nº 4 (Irun) IRUN (GIPUZKOA) (Spain) (First instance)
Date:20-03-2009