Case number and/or case name
Nacional Suiza Seguros. Roj: AAP B 758/2003 - ECLI:ES:APB:2003:758A
Details of the court
Spain, First Instance
Articles referred to by the court
Date of the judgement
27 October 2002
CJEU's case law cited by the court
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
Key facts: Conflict of jurisdiction. Commercial matters case in Spain. Enforcement of a Spanish court decision in Spain. The transportation company against whom the enforcement is sought is French and is domiciled in France. The company has some assets in Spain.
Court decision: the court declines its jurisdiction to enforce the judgement on the basis of art. 22.5 of Brussels I Regulation (domicile of the transportation company located in France).
The court applies the rules on exclusive jurisdiction in proceedings concerned with the enforcement of judgments, which point to the courts of the Member State in which the judgment has been or is to be enforced.