PIL instrument(s)

Case number and/or case name

GES. Seguros y Reaseguros. Roj: ATS 7551/2008 - ECLI:ES:TS:2008:7551A Id Cendoj: 28079110012008203212

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

07 September 2008

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the enforcement of a French court decision previously accepted by a Spanish court by means of an exequatur. Court decision: The foreign court decision is in accordance with art. 43 of Brussels I Regulation (exequatur). 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. The plaintiff did not prove the existence of cassation interest before the court. The French court decision must be recognised and enforced in Spain. Appeal history (not available in the database): Court decision: Audiencia Provincial de Gerona (Sección Segunda), (Spain) (Second Instance) Date: 02-11-2004 Court decision: Juzgado de Primera Instancia nº 1 de Figueras. (Spain) (First instance)