PIL instrument(s)

Case number and/or case name

DECEPEDA S.A.Roj: ATS 6332/2008 - ECLI:ES:TS:2008:6332A Id Cendoj: 28079110012008202608

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

21 July 2008

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the enforcement of a Portuguese court decision (precautionary measures) previously accepted by a Spanish court by means of an exequatur. Court decision: the examination of the appeal must be accepted by the court because of the direct effect and primacy of Community laws. The appeal before the Spanish Higher Court must be considered as a complete, closed and uniform proceeding applicable to the recognition of foreign court decisions according to art. 33 of Brussels II a Regulation and art. 44 of Brussels I Regulation. Nevertheless the appeal is finally rejected. Arts. 34.1 and 34.2 of Brussels I Regulation cannot be taken into consideration as alleged by the plaintiff (infringement of procedural requirements). The plaintiff did not prove the existence of cassation interest before the court. Appeal history (not available in the database): Court decision Audiencia Provincial de Madrid (Sección 21ª), (Spain) (Second Instance) Date: 24-01-2003 Court decision: Juzgado de Primera Instancia n. 74 de Madrid (Spain) (First instance) Date: 31-07-2002