Case number and/or case name
Equip Stylist.Roj: AAP GI 165/2007 - ECLI:ES:APGI:2007:165A Id Cendoj: 17079370022007200076
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
01 April 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 an Italian judgement in Spain. The plaintiff alleges absence of notification (art. 34.1 of Brussels I Regulation) agaisnt the enforcement.
Court decision: the court accepts the allegations of the plaintiff. It has been proved that the plaintiff was not correctly notified by the foreign court. The enforcement is rejected according to arts. 34.1 and 45.1 of Brussels I Regulation.
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 1ª Instancia nº 2 de Olot (Spain) (First instance)
Date: 11-05-2006