PIL instrument(s)

Case number and/or case name

GOLDENER LÖWEN.Roj: ATS 5972/2007 - ECLI:ES:TS:2007:5972A Id Cendoj: 28079110012007202197

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 court decision from Switzerland 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. Court decision: Audiencia Provincial de Alicante (Sección 4ª) (Spain) (Second instance). Date: 25-09-2003 Court decision: Juzgado de Primera Instancia nº 1 de Denia (Spain) (First instance)