PIL instrument(s)

Case number and/or case name

Julia et alt.Roj: ATS 6653/2008 - ECLI:ES:TS:2008:6653A Id Cendoj: 28079110012008202829

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 court decision from Switzerland 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. The plaintiff did not prove the existence of cassation interest before the court. The Swiss court decision must be recognised and enforced in Spain. Appeal history (not available in the database): Court decision: Audiencia Provincial de Madrid (Sección 8ª) (Spain) (Second Instance) Date: 09-07-2007 Court decision: Juzgado de Primera Instancia Nº 57 de Madrid. (Spain) (First instance)