PIL instrument(s)

Case number and/or case name

Commerzbank.Roj: ATS 1261/2007 - ECLI:ES:TS:2007:1261A Id Cendoj: 28079110012007200742

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

12 February 2007

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the enforcement of a foreign notarized document (German public document) previously accepted by a Spanish court. Court decision: the examination of the appeal must be accepted by the court because of the direct effect and primacy of Community laws. The appeal before the Spanish Higher Court must be considered as a complete, closed and uniform proceeding applicable to the recognition of foreign court decisions according to art. 33 of Brussels II a Regulation and art. 44 of Brussels I Regulation. Nevertheless the appeal is finally rejected. The plaintiff did not prove the existence of cassation interest before the court. Appeal history (not available in the database): Court decision: Audiencia Provincial de Málaga (Spain) (Second Instance) Date: 25-09-2006 Court decision: Juzgado de Primera Instancia Nº 1 de Marbella (Spain) (First instance)