PIL instrument(s)

Case number and/or case name

Taurus Shipping and Management Company.Roj: AAP M 5270/2003 - ECLI:ES:APM:2003:5270A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

03 November 2003

Appeal history

CJEU's case law cited by the court

Summary

Enforcement of a British arbitral decision in Spain. The plaintiff appeals and alleges the application of arts. 45, 34 and 35 of Brussels I Regulation. Court decision: Brussels I Regulation is applicable to the case. The exception contained in art. 1.2 d) cannot be applied in as much as, according to British law, the arbitral decision is equivalent to a judgment enforceable on the basis of Brussels I Regulation. The court considers that the plaintiff was correctly served with the document which instituted the proceedings in sufficient time and in such a way as to enable him to arrange for his defence. The enforcement of the foreign judgement cannot be denied according to arts. 45, 34 and 35 of Brussels I Regulation. The court confirms the precautionary measures decided by the first instance Spanish court, which were adopted according to art. 43.3 of Brussels I Regulation. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 40 de Madrid (Spain) (First instance) Date:21-02-2003