PIL instrument(s)
Brussels I
Brussels IIa
Case number and/or case name
Juan Francisco vs. Nuria.Roj: AAP O 121/2008 - ECLI:ES:APO:2008:121A Id Cendoj: 33044370012008200021
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 36
Brussels IIa
Article 1
Paragraph 3 SubParagraph e
Article 33
Paragraph 2
Date of the judgement
16 April 2008
Appeal history
None
CJEU's case law cited by the court
None
Summary
Recognition of a Dutch Court decision on maintenance in Spain. The plaintiff disputes the first instance court decision which recognises the foreign judgment. Court decision: Brussels I Regulation (maintenance) and Brussels II a Regulation are applicable to the case, taking into account the content of Recital n. 11, arts. 1.3 e) and 33.2 and Chapter III, sections 2 and 3 of Brussels II a Regulation. The foreign court decision fulfils all the requirements of arts. 34 and 36 of Brussels I Regulation and therefore must be recognised and enforced in Spain automatically. Appeal history (not available in the database): Court decision: JUZGADO DE PRIMERA INSTANCIA N.7 de OVIEDO (Spain) (First instance) Date:26-04-2007

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