PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
La Verja S.A.Roj: ATS 13322/2005 - ECLI:ES:TS:2005:13322A
Details of the court
Spain, Third Instance
Articles referred to by the court
Brussels I
Article 44
Brussels IIa
Article 33
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
21 November 2005
Appeal history
None
CJEU's case law cited by the court
Summary
Appeal against the recognition and enforcement of a foreign court decision (Court of Commerce from Paris-France-) previously accepted by a Spanish court (exequatur). Court decision: the examination of the appeal must be accepted by the court because of the direct effect and primacy of Community laws. The appeal before the Spanish Higher Court must be considered a complete, closed and uniform process applicable to the recognition of foreign court decisions according to art. 33 of Brussels II a Regulation and art. 44 of Brussels I Regulation. Nevertheless the appeal is finally rejected (lack of interest). The French court decision is recognised and must be enforced in Spain. Appeal history (not available in the database): Court decision: Audiencia Provincial de Murcia (Sección 1ª) (Spain) (Second Instance) Date: 23-04-2001 Court decision: Juzgado de Primera Instancia nº 2 de Caravaca de la Cruz. (Spain) (First instance)

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