PIL instrument(s)

Case number and/or case name

Alejandro.Roj: ATS 15740/2006 - ECLI:ES:TS:2006:15740A Id Cendoj: 28079110012006203663

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

20 November 2006

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the recognition and enforcement of a foreign court decision (British Court decision) previously accepted by a Spanish court (exequatur). Court decision: the examination of the appeal must be accepted by the court because of the direct effect and primacy of Community laws. The appeal before the Spanish Higher Court must be considered as a complete, closed and uniform process applicable to the recognition of foreign court decisions according to art. 33 of Brussels II a Regulation and art. 44 of Brussels I Regulation. Nevertheless the appeal is finally rejected (absence of interest: the plaintiff does not prove that the first instance court decision is contrary to the Spanish Higher Court doctrine). The British court decision is recognised and must be enforced in Spain. Appeal history (not available in the database): Court decision: Sección Quinta de la Audiencia Provincial de Alicante (Spain) (Second Instance) Date: 05-04-2006 Court decision: Juzgado de Primera Instancia (Spain) (First instance)