PIL instrument(s)
Brussels I
Case number and/or case name
Collin & amp.Roj: AAP BU 42/2005 - ECLI:ES:APBU:2005:42A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 38
Paragraph 1
Paragraph 2
Article 43
Paragraph 3
Article 47
Paragraph 2
Date of the judgement
11 April 2005
Appeal history
None
CJEU's case law cited by the court
Summary
The matter of the case is an out-of-court dispute resolution between two industrial companies on the enforcement of a foreign court decision. Adoption of precautionary measures. There is a new conflict between the parties concerning the costs of the proceedings. Court decision: no costs of the proceedings must be imposed derived from the execution. The enforcement of the foreign court decision is not a final judgment (one of the parties appealed the enforcement according to arts. 38 and 43 of Brussels I Regulation). The court admits the imposition of precautionary measures in accordance with Brussels I Regulation (art. 47.2) and CJEU case law. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia Nº 1 de Aranda de Duero (Burgos) (Spain) (First instance) Date: 02-11-2004

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