EUPillar Talleres Hero.Roj: AAP CS 709/2006 - ECLI:ES:APCS:2006:709A Id Cendoj: 12040370032006200133

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 an Italian court decision in Spain. Court decision: the court estimates that the foreign court decision must be enforced in Spain even if it is not a final judgement (art. 37 of Brussels I Regulation). In addition, there is no reason against the enforcement in as much as none of the exceptions contained in art. 34.1 of that regulation are applicable (the recognition is not manifestly contrary to public policy in the Member State in which recognition is sought, the court decision is not irreconcilable with a judgment given in a dispute between the same parties in the Member State in which recognition is sought and the judgement is not irreconcilable with an earlier judgment given in another Member State or in a third State involving the same cause of action and between the same parties. The foreign court decision cannot be reviewed as to its substance by the court according to art. 35.3 of 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 1ª Instancia número 2 de Villarreal (Spain) (First instance) Date: 20-04-2006