PIL instrument(s)

Case number and/or case name

Royal Chemical.Roj: AAP B 944/2004 - ECLI:ES:APB:2004:944A Id Cendoj: 08019370152004200032

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

03 March 2004

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. The matter of the case is the enforcement of a foreign court decision in Spain accepted by a Spanish court by means of an exequatur. Key facts: Some precautionary measures are derived from the enforcement. Spanish law imposes the payment of a bail. Court decision: The enforcement of the foreign court decision has been appealed by means of art. 43 of Brussels I Regulation. In order to decide the court takes into account the case law of the Court of Justice of the European Union that allows the application of precautionary measures in similar cases but do not accept the imposition of an additional bail (as Spanish law does), as it would infringe art. 47 of Brussels I Regulation. The court makes a correct interpretation of the case law of the Court of Justice of the European Union and Brussels I Regulation provisions on the enforcement of a foreign court decision according to which nothing shall prevent the applicant from availing himself of provisional, including protective, measures in accordance with the law of the Member State requested without a declaration of enforceability. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº. 8 de Barcelona. (Spain) (First instance) Date: 14-03-2003