Case number and/or case name
Compuspar S.A.Roj: AAP B 5217/2006 - ECLI:ES:APB:2006:5217A Id Cendoj: 08019370152006200086
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
10 May 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 in Spain of an Italian court decision. A first instance court accepted the enforcement. The plaintiff alleges lack of notification (art. 34.2 of Brussels I Regulation) and no enforceability of the title (payment order) according to Brussels I Regulation.
Court decision: the court accepts the plaintiff´s allegations. The court cites CJEU´s case law on lack of notification (Brussels I Regulation).
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.
Appeal history (not available in the database):
Court decision: Juzgado de primera instancia
número 37 de Barcelona (Spain) (First instance)
Date: 25-10-2005