PIL instrument(s)

Case number and/or case name

Texcasesa. Roj: AAP B 6521/2008 - ECLI:ES:AP B:2008:6521A Id Cendoj: 08019370152008200163

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

27 March 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 French court decision in Spain. The plaintiff alleges that Brussels I Regulation is not applicable (the case is not on commercial or civil matters), public policy infringement and absence of the certification required by that regulation to accept the enforcement of a foreign court decision. Court decision: according to the court, none of the allegations can be accepted (arts. 34 and 35 of Brussels I Regulation: absence of public policy infringement; the case is clearly about a commercial controversy). The foreign court decision must be enforced in Spain according to arts. 54, 58 and Annex V of Brussels I Regulation in as much as it fulfils all the certification requirements. 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 número Dos de Granollers (Spain) (First instance) Date: 23-01-2004