Case number and/or case name
Francisco.Roj: SAP A 1738/2005 - ECLI:ES:APA:2005:1738
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
24 June 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 a French judgment in Spain. The plaintiff alleges the application of arts. 38, 54 and 55 of Brussels I Regulation.
Court decision: the court decides that the foreign court decision must be enforced in Spain but the plaintiff cannot assume the costs of the proceedings according to national law and art. 32 of Brussels I Regulation (an attorney´s fee note cannot be interpreted as a court decision in the sense of the article cited).
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 Número Cuatro de Denia (Spain) (First instance)
Date: 16-12-2004