Case number and/or case name
Aluval S.L.Roj: AAP V 193/2008 - ECLI:ES:APV:2008:193A Id Cendoj: 46250370112008200113
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
15 May 2008
CJEU's case law cited by the court
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
The matter of the case is the enforcement of a foreign court judgement in Spain. The plaintiff objects and alleges that the power of attorney of the defendant needs an apostille certification and that the court judgement has not been translated into Spanish.
Court decision: the allegations of the plaintiff (arts. 56 and 55.2 of Brussels I Regulation) cannot be taken into consideration. The foreign court decision must be enforced in Spain.
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the enforcement of a foreign court decision delivered by another Member State.
Appeal history (not available in the database):
Court decision: JUZGADO DE PRIMERA INSTANCIA E INSTRUCCION NUMERO 6 DE TORRENTE (Spain (First instance)
Date: 06-06-07