Case number and/or case name
Maustepalvely Oy.Roj: AAP MU 677/2007 - ECLI:ES:APMU:2007:677A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
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 in Spain of a court decision from Finland. The plaintiff appeals and alleges the application of art. 24 of Brussels I Regulation.
Court decision: the foreign court decision must be enforced in Spain according to art. 38 of Brussels I Regulation. The allegations of the plaintiff (art. 24 of that regulation) cannot be taken into consideration.
According to arts. 35 and 36 of Brussels I Regulation, the foreign court decision cannot be reviewed as to its substance by the Spanish court.
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 7 de Murcia (Spain) (First instance)
Date: 11-05-2007