PIL instrument(s)

Case number and/or case name

María Milagros vs. Andrés.Roj: ATS 9548/2008 - ECLI:ES:TS:2008:9548A Id Cendoj: 28079110012008204110

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 German 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 plaintiff did not prove the existence of cassation interest before the court. Appeal history (not available in the database): Court decision: Audiencia Provincial de Palma de Mallorca (Sección 5ª), (Spain) (Second Instance) Date: 20-10-2004 Court decision: Juzgado de Primera Instancia nº 3 de Ibiza. (Spain) (First instance)