PIL instrument(s)
Brussels I
Case number and/or case name
Eroski.Roj: AAP BI 35/2004 - ECLI:ES:APBI:2004:35A Id Cendoj: 48020370032004200029
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels I
Article 39
Paragraph 1
Paragraph 2
Date of the judgement
03 March 2004
Appeal history
None
CJEU's case law cited by the court
None
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain. Key facts: Enforcement of a court decision from Portugal in Spain. The place of domicile of the party against whom enforcement is sought is Spain. Court decision: the court comes to the conclusion that the foreign court decision must be enforced in Spain according to art. 39 of Brussels I Regulation. The court applies Brussels I Regulation provisions on jurisdiction in matters relating to the enforcement of foreign court decisions. According to those provisions, 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.

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