Case number and/or case name
ES-GE NUTZFAHRUGE GmbH.Roj: AAP SS 485/2006 - ECLI:ES:APSS:2006:485A Id Cendoj: 20069370022006200211
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
27 July 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 German court decision in Spain. The plaintiff appeals and alleges the application of art. 34.2 of Brussels I Regulation (defective notification).
Court decision: the allegations of the plaintiff are accepted. The notification was entirely written in German and not translated into Spanish (the plaintiff did not spoke German).
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 e Instrucción Número 2 de Tolosa (Spain) (First instance)
Date: 06-03-2006