Case number and/or case name
Werke Optische.Roj: AAP M 10746/2007 - ECLI:ES:APM:2007:10746A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 47
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
10 July 2007
CJEU's case law cited by the court
Summary
The matter of the case is the enforcement of a German court decision in Spain on the basis of Brussels I Regulation provisions.
Key facts:The plaintiff appeals against the application of the precautionary measures resulting from the enforcement (seizing of property).
Court decision: the plaintiff alleges that the precautionary measures must be interpreted according to Spanish national law (which adds procedural requirements to the application of the precautionary measures -a seizing of property-).
The court denies this interpretation and cites CJEU´s case law in that sense (art. 47 of Brussels I Regulation and Brussels Convention (1968)).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia Nº 1 de Alcobendas (Spain) (First instance)
Date: 29-06-2006