Case number and/or case name
Mark SRL. Roj: AAP B 6522/2008 - ECLI:ES:APB:2008:6522A Id Cendoj: 08019370152008200164
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
29 June 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 in Spain of an Italian court decision. The plaintiff objects, appeals and alleges the application of art. 42.2 of Brussels I Regulation.
Court decision: the allegations cannot be taken into consideration. Art. 42.2 of Brussels I Regulation does not compel the foreign court to bring a translation of the judgement together with the executive title, as alleged by the plaintiff. In addition, the foreign court decision is enforceable according to art. 54 of that Regulation. The Italian judgement 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 nº 4 de Barcelona (Spain) (First instance)
Date: 25-01-2007