Optische Joseph Schneider. Roj: AAP M 4994/2007 - ECLI:ES:APM:2007:4994A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
SubParagraph a
Paragraph 7
SubParagraph b
Date of the judgement
16 April 2007
Appeal history
None
CJEU's case law cited by the court
None
Summary
Enforcement of a German court decision in Spain. The plaintiff appeals and alleges the infringement of art. 5 of Brussels I Regulation (German courts not competent to decide on the case).
Court decision: the allegations of the plaintiff cannot be taken into consideration. The foreign court decision must be enforced in Spain according to art. 5 and Recital n. 12 of Brussels I Regulation (it has been proved that in addition to the defendant's domicile, there are alternative grounds of jurisdiction based on a close link between the German courts and the action).
Arts. 34 and 35 of Brussels I Regulation are not applicable; as a consequence the foreign court decision must be enforced in Spain.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia Nº 1 de Alcobendas (Spain) (First instance)
Date: 27-01-2006