Case number and/or case name
Conesmat S.L.Roj: AAP CA 757/2007 - ECLI:ES:APCA:2007:757A Id Cendoj: 11004370072007200008
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Article 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
11 July 2007
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 a French court decision in Spain. The plaintiffs allege arts. 34 and 35 of Brussels I Regulation and the validity of an express submission clause to the Spanish jurisdiction.
Court decision: the foreign court decision must be enforced in Spain according to arts. 38 and 43. The allegations of the plaintiffs cannot be taken into consideration.
The foreign court decision cannot be reviewed as to its substance according to art. 36 of Brussels I Regulation.
Spanish courts are competent to decide on the case according to Annex II of that regulation (first instance courts).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia e Instrucción Número Siete de Algeciras
Date: 04-05-2006