PIL instrument(s)

Case number and/or case name

Juan Manuel.Roj: ATS 2716/2006 - ECLI:ES:TS:2006:2716A Id Cendoj: 28079110012006200333

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

16 January 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 (the Spanish Higher Court does not appreciate the existence of a breach of procedural rules in the exequatur proceeding). The Court also cites art. 47.3 of Brussels I Regulation. The British court decision is recognised and must be enforced in Spain. Appeal history (not available in the database): Court decision: Audiencia Provincial de Barcelona (Sección Decimoquinta). (Spain) (Second Instance) Date: 21-09-2005 Court decision: Juzgado de Primera Instancia (Spain) (First instance)