Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
Conflict of jurisdiction on the basis of Brussels I Regulation provisions.
Key facts: Commercial matters. 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. A first instance Spanish court declined its jurisdiction to enforce the judgement on the basis of art. 22.5 of Brussels I Regulation (domicile of the company located in France).
Court decision: Spanish courts are competent to enforce a national court decision in Spain or in another Member State according to arts. 22.5 and 39.2 of Brussels I Regulation. The court cites CJEU´s case law in that sense.
The provisions on jurisdiction contained in art. 22.5 are not exclusive. According to art. 39.2 of Brussels I Regulation, the judgment can be enforced either in the place of domicile of the party against whom enforcement is sought, or in the place of enforcement.
According to the court, the court competent to enforce the national judgement is the court competent to decide on the case in first instance.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº. 48 de Barcelona (Spain) (First instance)
Date: 28-10-2002