Summary
Appeal against the recognition and enforcement of a foreign court decision (Dutch 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). Art. 54 of Brussels I Regulation is not infringed (in time and correct notification of the foreign court decision to the plaintiff). The Dutch court decision is recognised and must be enforced in Spain.
Appeal history (not available in the database): Court decision: Audiencia Provincial de Salamanca (Spain) (Second Instance)
Date: 03-03-2005
Court decision: Juzgado de Primera Instancia (Spain) (First instance)