Summary
The matter of the case is the application of Brussels II a Regulations provisions to the enforcement of a foreign court decision in Spain.
Key facts: A Court from Poland denies the enforcement of a court decision from Spain related to a right of custody over a minor. The plaintiff objects and appeals before Spanish courts.
Court decision: Spanish courts are not competent to decide on the enforcement according to art. 28.1 of Brussels II a Regulation.
In addition, the appeal is rejected because the plaintiff did not bring full evidences concerning the judicial decision from Poland (which courts presumably rejected the enforcement of the Spanish court decision).
In that situation, the court cannot ask for a new enforcement of the judgement in Poland, according to art. 11.8 of Brussels II a Regulation.
The court applies the rules of Brussles II a Regulation on the application for a declaration of enforceability according to which a judgment on the exercise of parental responsibility in respect of a child given in a Member State which is enforceable in that Member State and has been served shall be enforced in another Member State when, on the application of any interested party, it has been declared enforceable there.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia num. 3 de Huelva (Spain) (First instance)
Date: 25-02-2011