Case number and/or case name
Paulino vs. Francisca.Roj: AAP GI 706/2004 - ECLI:ES:APGI:2004:706A Id Cendoj: 17079370022004200173
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
01 November 2004
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.
The matter of the case is the enforcement of a foreign court decision in Spain. The plaintiff alleges the application of art. 39.1 of Brussels I Regulation against the enforcement.
Court decision: the foreign court decision must be enforced in Spain. The parties decided an alternative forum (place where are located the properties of the party against whom the enforcement is sought).
Art. 39.1 of Brussels I Regulation is not applicable. The requirements of art. 43.2 and Annex II of that Regulation are fulfilled in as much as the appeal was lodged with the court indicated in the list in Annex III of Brussels I Regulation.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia e Instrucción nº 1 Figueres (Spain) (First instance)
Date: 04-05-2004