PIL instrument(s)

Case number and/or case name

Esperanza vs. Claudia.Roj: ATS 8359/2003 - ECLI:ES:TS:2003:8359A

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

30 July 2003

Appeal history

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: Enforcement of a French court decision in Spain. The plaintiff requests the recognition of the foreign judgment by means of an exequatur. Court decision: the court comes to the conclusion that Brussels I Regulation is applicable to the case for the Regulation had already entered into force at the time when the foreign court decision was released in France. Nevertheless, according to art. 39.2 of Brussels I Regulation, the court (Spanish Higher Court) must decline its jurisdiction. The court informs that the local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement (first instance Spanish courts).