PIL instrument(s)

Case number and/or case name

Ismael.Roj: ATS 1254/2006 - ECLI:ES:TS:2006:1254A Id Cendoj: 28079110012006200199

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

13 March 2006

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the recognition and enforcement of a foreign court decision (French 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. 44 of Brussels I Regulation. Nevertheless the appeal is finally rejected (lack of interest: the plaintiff does not prove that the first instance court decision is contrary to the Spanish Higher Court doctrine). The French court decision is recognised and must be enforced in Spain. Appeal history (not available in the database): Court decision: Audiencia Provincial de Navarra (Sección 2ª) (Spain) (Second Instance) Date: 15-01-2002 Court decision: Juzgado de Primera Instancia nº 5 de Pamplona . (Spain) (First instance)