Case number and/or case name
Royal Chemical.Roj: ATS 11920/2005 - ECLI:ES:TS:2005:11920A
Details of the court
Spain, Third Instance
Articles referred to by the court
Brussels IIa
Article 33
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
03 October 2005
CJEU's case law cited by the court
Summary
Appeal against the recognition and enforcement of a foreign court decision (French Court decision) 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 Barcelona (Sección 15ª) (Spain) (Second Instance)
Date: 09-03-2005
Court decision: Juzgado de Primera Instancia (Spain) (First instance)