Case number and/or case name
Mecotex S.A.Roj: AAP B 4957/2008 - ECLI:ES:APB:2008:4957A Id Cendoj: 08019370152008200124
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
22 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 French court decision in Spain on commercial matters. The plaintiff appeals and alleges defencelessness and the application of arts. 34 and 35 of Brussels I Regulation.
Court decision: the court does not appreciate defencelessness taking into account that the plaintiff had appealed the foreign court decision according to art. 43.5 of Brussels I Regulation. The allegations concerning arts. 34 and 35 of that regulation cannot be accepted due to lack of motivation (the plaintiff did not specify the causes of his opposition).
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 2 de Mataró (Spain) (First instance)
Date: 05-02-2007