Case number and/or case name
Eroski (2).Roj: AAP BI 392/2005 - ECLI:ES:APBI:2005:392A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
21 March 2005
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 an Italian court decision in Spain in the context of a commercial matters case. The plaintiff appeals and alleges the application of arts. 54, 34 and 35 of Brussels I Regulation.
Court decision: the allegations cannot be accepted. The foreign court decision must be automatically enforced in Spain. There is no need of further certifications concerning the Italian court decision.
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the enforcement of a foreign court decision delivered by another Member State.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 4 de Durando. (Spain) (First instance)
Date: 03-05-2004