PIL instrument(s)

Case number and/or case name

Juan Antonio.Roj: ATS 7837/2007 - ECLI:ES:TS:2007:7837A Id Cendoj: 28079110012007202792

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

25 June 2007

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the enforcement of a Dutch court decision previously accepted by a Spanish court (exequatur). 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 procedure 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. The Dutch court decision must be recognised and enforced in Spain. Appeal history (not available in the database): Court decision: Audiencia Provincial de Cádiz (Sección Octava, Jérez de la Frontera), (Spain) (Second Instance) Date: 08-03-2002 Court decision: Juzgado de Primera Instancia nº 3 de Jérez de la Frontera. (Spain) (First instance)