Case number and/or case name
Mariano vs. Lourdes. Roj: AAP Z 1111/2012 - ECLI:ES:APZ:2012:1111A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels IIa
Article 1
Paragraph 1
SubParagraph a
Article 22
Paragraph a
Paragraph b
Paragraph c
Paragraph d
Article 31
Paragraph 1
Paragraph 2
Paragraph 3
Article 37
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
01 May 2012
CJEU's case law cited by the court
Summary
The matter of the case is the enforcement of an Austrian court decision in Spain. The plaintiff alleges the infringement of national public order (art. 22 of Brussels II a Regulation) and art. 37.2 of that legal instrument.
Court decision: arts. 1 a) and 21.3 of Brussels II a Regulation are applicable to the case. The court also cites arts. 31 and 33 of that Regulation.
The enforcement in Spain of the foreign court decision would not mean an infringement of national public order according to art. 22 of Brussels II a Regulation. In addition, the plaintiff was correctly notified in Austria and therefore, the infringement of art. 37.2 cannot be alleged. The Austrian court decision must be enforced 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: JDO. PRIMERA INSTANCIA N. 5 de ZARAGOZA. (Spain) (First instance)
Date: 03-01-2012