PIL instrument(s)

Case number and/or case name

Slick Grip S.L.Roj: AAP B 5382/2008 - ECLI:ES:APB:2008:5382A Id Cendoj: 08019370152008200159

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

14 July 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 German court decision in Spain. The plaintiff objects, appeals and alleges the application of art. 34.2 of Brussels I Regulation (the court decision was not notified). Court decision: the allegations cannot be taken into consideration. It has been proved that the notification was efficiently sent to the plaintiff by the German court. The judgment is enforceable in Spain according to art. 38 and Recitals n. 2, 16 and 17 of Brussels I Regulation. 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 24 de Barcelona (Spain) (First instance) Date: 01-07-2005