Summary
Application of Brussels I and Brussels II a Regulations provisions to the enforcement of a foreign court decisión in Spain.
The matter of the case is an appeal against the enforcement of a French court decision previously accepted by a Spanish court.
Court decision: the foreign court decision is in accordance with art. 44 of Brussels II a Regulation.
The examination of the appeal must be accepted by the court because of the direct effect and primacy of Community laws.
The appeal before the Spanish Higher Court must be considered as a complete, closed and uniform proceeding applicable to the recognition of foreign court decisions according to art. 44 of Brussels I Regulation.
Nevertheless the appeal is finally rejected. The plaintiff did not prove the existence of cassation interest before the court.
Appeal history (not available in the database):
Court decision: Audiencia Provincial de Logroño (Spain) (Second Instance)
Date: 19-11-2001