Case number and/or case name
Industrias Software. S.A.Roj: AAP M 5066/2006 - ECLI:ES:APM:2006:5066A Id Cendoj: 28079370132006200039
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
29 March 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 against a first instance court decision that accepted the enforcement and alleges that the judgment should not be recognised nor enforced because it is manifestly contrary to public policy in the Member State in which recognition is sought (Spain).
Court decision: the court estimates that the foreign court decision fulfils the requirements of arts. 36, 53, 54 and Annex V of Brussels I Regulation. The court considers that there is no infringement of art. 34.1 (public policy infringement).
The court cannot review the German judgement as to its substance according to art. 36 of Brussels I Regulation. The foreign court decision must be enforced according to art. 33.1 of that Regulation.
In order to decide, the court makes an effective examination of the formal and materila 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 nº 7 de los de Madrid (Spain) (First instance)
Date: 18-10-2004