PIL instrument(s)

Case number and/or case name

Lillicrap Chilcott Limited.Roj: ATS 9981/2008 - ECLI:ES:TS:2008:9981A Id Cendoj: 28079110012008204418

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

03 November 2008

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the enforcement of a British court decision 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 second instance court decision cannot be appealed in cassation according to national and international law (procedural causes are excluded from this appeal). The second instance court decision must be respected. The foreign court decision is to be recognised and enforced in Spain. Appeal history (not available in the database): Court decision Audiencia Provincial de Alicante (Sección 4ª) (Spain) (Second Instance) Date: 22-09-2005 Court decision: l Juzgado de Primera Instancia número 3 de Denia. (Spain) (First instance) Date: 12-03-2004