Summary
Conflict of jurisdiction resolved on the basis of Brussels I Regulation provisions.
The matter of the case is the enforcement of a public deed from a German administrative authority. The immovable property is located in Spain. A first instance Spanish court declined its jurisdiction. The party against whom the enforcement should be sought lives in Germany.
Court decision: Spanish courts are competent to decide on the enforcement of the foreign public deed according to art. 39.2 of Brussels I Regulation. In order to decide, the court takes into account the fact that the immovable property is situated in Spain.
The court applies the provisions on jurisdiction in matters relating to the enforcement of foreign court decisions delivered by other Member States. According to those provisions,the local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement (Spain).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 15 de Palma (Spain) (First instance)
Date: 27-05-2005