PIL instrument(s)
Brussels I
Case number and/or case name
Atmos Medimatic S.A.Roj: AAP M 11458/2006 - ECLI:ES:APM:2006:11458A Id Cendoj: 28079370212006200493
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 43
Paragraph 5
Article 47
Paragraph 3
Date of the judgement
30 October 2006
Appeal history
None
CJEU's case law cited by the court
None
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain. The matter of the case is the enforcement of a foreign court decision in Spain. The claimant asks for the adoption of precautionary measures. Court decision: the court admits the application of precautionary measures (art. 47.3 of Brussels I Regulation) when the plaintiff has appealed against the enforcement of a foreign court decision (art. 43.5 of that Regulation). The court refers to CJEU´s case law in that sense. Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia nº 3 de Majadahonda (Spain) (First instance) Date: 31-05-2004

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