Case number and/or case name
Flora vs. José Pedro.Roj: AAP IB 428/2005 - ECLI:ES:APIB:2005:428A
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
23 November 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 in Spain of a German court decision. The plaintiff appeals and alleges the application of art. 34 and 35 of Brussels I Regulation. The plaintiff alleges that the recognition of the foreign court decision in Spain would be manifestly contrary to public policy of that the Member State.
Court decision: the allegations cannot be accepted. In addition, according to art. 45 of Brussels I Regulation, the court cannot review the foreign judgment as to its substance.
In order to decide, the court makes an effective examination of the formal and material requirements of Brussels I Regulation for the recognition and 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 2 de Ibiza
Date: 06-10-2004