PIL instrument(s)

Case number and/or case name

Castellana.Roj: SAP M 14720/2006 - ECLI:ES:APM:2006:14720 Id Cendoj: 28079370102006100592

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

16 November 2006

Appeal history

CJEU's case law cited by the court

Summary

Application of Brussels II a Regulation provisions to the recognition of a foreign official document in Spain delivered by French authorites. The matter of the case is the examination of the validity in Spain of a power of attorney granted in France. Court decision: the Spanish court accepts the validity of the power of attorney granted in France according to art. 57 of Brussels I Regulation. The court applies the provisions of Brussels II a Regulation on the recognition and enforcement of authentic insturments. Following those provisions, a document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Member State shall, in another Member State, be declared enforceable there, on application made in accordance with the procedures provided for in Articles 38, et seq. of the Regulation. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 43 de Madrid (Spain) (First instance) Date: 11-11-2004