Case number and/or case name
Circuitos a Fondo S.A.Roj: AAP M 14541/2006 - ECLI:ES:APM:2006:14541A Id Cendoj: 28079370182006200266
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
21 December 2006
CJEU's case law cited by the court
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 German court decision in Spain. A first instance Spanish court accepted the enforcement. The plaintiff appeals and alleges the application of arts. 34.1 and 34.2 of Brussels I Regulation.
Court decision: the court rejects the plaintiff´s allegations. The German court decision must be enforced in Spain according to art. 38.1 of Brussels I Regulation.
In order to decide, the court applies the provisions on enforcement of Brussels II a Regulation relating to a judgment given in a Member State and enforceable in
that State which shall be enforced in another Member State when, on the application of any interested party, it has been declared
enforceable there.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº 47 de Madrid (Spain) (First instance)
Date: 10-01-2006