PIL instrument(s)

Case number and/or case name

Capacetes M&amp.Roj: AAP B 3550/2008 - ECLI:ES:APB:2008:3550A Id Cendoj: 08019370152008200102

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

23 April 2008

Appeal history

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 Portuguese court decision in Spain. The plaintiff objects and alleges that he was not notified in time according to art. 34 of Brussels I Regulation. Court decision: the court considers that the plaintiff was efficiently notified (art. 34 of Brussels I Regulation is not applicable) and cites CJEU´s case law in that sense. Taking into consideration Recital n. 16 of Brussels I Regulation, 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 1ª Instancia nº 5 de Cerdanyola del Vallés (Spain) (First instance) Date: 29-09-2006