Case number and/or case name
Texwell Italiana S.r.l.Roj: AAP B 3385/2006 - ECLI:ES:APB:2006:3385A Id Cendoj: 08019370152006200052
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
12 February 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 of an Italian court decision in Spain. The plaintiff alleges the existence of a defective notification (an exception contained in art. 34.1 of Brussels I Regulation) against the enforcement of the foreign court decision in Spain.
Court decision: the foreign court decision must be enforced. The court admits an irregularity concerning the notification in Italy (date changed), but not as relevant as to impede the enforcement.
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 nº. 3 de Barcelona (Spain) (First instance)
Date: 12-02-2004