Case number and/or case name
Juan María.Roj: ATS 7299/2006 - ECLI:ES:TS:2006:7299A Id Cendoj: 28079110012006201698
Details of the court
Spain, Third Instance
Articles referred to by the court
Brussels IIa
Article 33
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
24 April 2006
CJEU's case law cited by the court
Summary
Appeal against the recognition and enforcement of a foreign court decision (German 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 exequatur decision is not susceptible to be appealed before the Spanish Higher Court in that procedural form. In addition, the plaintiff did not prove either the existence of cassation interest before the court).
The German court decision is recognised and must be enforced in Spain.
Appeal history (not available in the database):
Court decision: Audiencia Provincial de Madrid (Sección 13ª), (Spain) (Second Instance)
Date: 02-07-2002
Court decision: Juzgado de Primera Instancia nº 4 de Alcobendas (Spain) (First instance)