Case number and/or case name
Syncros Di Sansone Incola &. Roj: AAP B 7340/2008 - ECLI:ES:APB:2008:7340A Id Cendoj: 08019370152008200217
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
21 October 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 court decision in Spain. The plaintiff objects, appeals and alleges absence of notification of the court decision and defencelessness.
Court decision: the court does not appreciate the existence of defencelessness in as much as the plaintiff appealed according to art. 43 of Brussels I Regulation.
The foreign court decision fulfils all the requirements of art. 54 of that Regulation.
According to art. 38 and Recitals n. 2, 16 and 17 of Brussels I Regulation, the Italian judgement must be enforced in Spain.
In order to decide, the court makes an effective examination of the formal and material 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 3 de Sabadell (Spain) (First instance)
Date: 23-04-2007