Case number and/or case name
Alicia.Roj: ATS 3782/2006 - ECLI:ES:TS:2006:3782A Id Cendoj: 28079110012006200423
Details of the court
Spain, Third Instance
Articles referred to by the court
Brussels I
Article 46
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
26 January 2006
CJEU's case law cited by the court
Summary
Application of Brussels I and Brussels II a Regulations provisions to the enforcement of a foreign court decision in Spain.
The matter of the case is the enforcement of a British court decision in Spain. The plaintiff requests the delivery of a deposit as a guarantee previous to the enforcement.
Court decision: the Spanish court decides that the British court decision must be enforced in Spain automatically, without the delivery of a deposit as a guarantee.
Art. 46 of Brussels I Regulation has not be infringed as alleged by the plaintiff.
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the enforcement of a foreign court decision delivered by another Member State.