Case number and/or case name
Irene.Roj: AAP M 2334/2005 - ECLI:ES:APM:2005:2334A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
20 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 a British court decision in Spain. The plaintiff appeals against the enforcement in that Member State. There is a previous express submission clause of jurisdiction agreed by the parties.
Court decision: the court decides that Spanish courts are exclusively competent to decide on the enforcement of the foreign court decision according to art. 22.5 of Brussels I Regulation in as muchs as the place of enforcement of the obligation is Spain.
The express submission clause (art. 23.5) is not applicable in first instance. The foreign court decision fulfils the requirements of art. 58 (in order to accept the enforcement in Spain).
Appeal history (not available in the database):
Court decision: uzgado de Primera Instancia número 72 de Madrid (Spain) (First instance)
Date: 25-03-2003