Case number and/or case name
Francisca.Roj: SAP A 749/2008 - ECLI:ES:APA:2008:749 Id Cendoj: 03014370042008100012
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
23 January 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 an Italian judgement in Spain. The plaintiff objects, appeals and alleges that the payment order from the court was not notified to her appropriately (art.34.2 of Brussels I Regulation).
Court decision: Art.34.2 of Brussels cannot be applied. The notification was correctly sent to the plaintiff by the foreign court. The court cites CJEU´s case law as to the concept of payment order from a court.
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 3 DE ALCOY (Spain) (First instance)
Date: 01-04-2007