Case number and/or case name
Dolphin Hellas Shipping S.A.Roj: AAP GC 1753/2007 - ECLI:ES:APGC:2007:1753A Id Cendoj: 35016370042007200187
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
21 November 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 court decision from Greece in Spain. The plaintiff alleges the application of the exceptions contained in art. 34.2 of Brussels I Regulation against the enforcement.
Court decision: the court decides that the plaintiff´s allegations cannot be taken into consideration. The plaintiff was correctly notified in order to stand before the Greek court. The court admits that the certification required by art. 53 of Brussels I Regulation could be substituted by a similar valid document. The foreign court decision must be enforced in Spain.
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. 2 de Arrecife (Spain) (First instance)
Date: 27-09-2005