Case number and/or case name
Mamut Pacha S.L.Roj: AAP IB 513/2006 - ECLI:ES:APIB:2006:513A Id Cendoj: 07040370032006200108
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
19 June 2006
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a conflict of jurisdiction concerning the enforcement of an Italian court decision in Spain. The plaintiff alleges the infringement of art. 34.2 of Brussels I Regulation.
Court decision: Spanish courts (first instance courts) are competent to decide on the case according to Annex II of Brussels I Regulation.
The allegations of the plaintiff cannot be taken into consideration. The court decision was given in default of appearance but due to causes exclusively attributed to the plaintiff. The notification of the proceedings was not defective.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número Seis de Palma (Spain) (First instance)
Date: 21-09-2005