PIL instrument(s)

Case number and/or case name

Koninklijke.Roj: ATS 5511/2006 - ECLI:ES:TS:2006:5511A Id Cendoj: 28079110012006201144

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

03 April 2006

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the recognition and enforcement of a foreign court decision (Dutch 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 notification of the Dutch court decision was practiced in time. In addition, the plaintiff did not prove either the existence of cassation interest before the court). Court decision Audiencia Provincial de Cádiz (Sección 8ª ), (Spain) (Second Instance) Date: 21-11-2001 Court decision: Juzgado de Primera Instancia nº 1 de Jerez de la Frontera.(Spain) (First instance)