Case number and/or case name
Gimex Mediterráneo S.A.Roj: ATS 7322/2007 - ECLI:ES:TS:2007:7322A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
06 June 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 recognition and enforcement of a Belgian court decision in Spain (commercial matters).
Key facts: Conflict of territorial jurisdiction between two Spanish courts.
Court decision: the Spanish Higher Court decides on the jurisdiction (first instance courts) according to art. 39.2 of Brussels I Regulation (domicile of the party against whom the enforcement is sought).
The court applies Brussels II a Regulation provions on local jurisdiction which shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia de Pamplona nº 6 (Spain) (First instance)
Date:03-07-2006