PIL instrument(s)

Case number and/or case name

Alonso vs. Juana.Roj: ATS 5454/2009 ECLI:ES:TS:2009:5454A Id Cendoj: 28079110012009202242

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

04 June 2009

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the enforcement of a British court decision previously accepted by a Spanish court by means of an exequatur. Court decision: the foreign court decision is in accordance with art. 43 of Brussels II a Regulation. The examination of the appeal must be accepted by the court because of the direct effect and primacy of Community laws. The appeal before the Spanish Higher Court must be considered as a complete, closed and uniform proceeding applicable to the recognition of foreign court decisions according to art. 33 of Brussels II a Regulation and art. 44 of Brussels I Regulation. Nevertheless the appeal is finally rejected. The plaintiff did not prove the existence of cassation interest before the court (CJUE case law does not fall under the scope of a cassation remedy before the Spanish Higher Court). Appeal history (not included in the database): Court decision: Audiencia Provincial de Vizcaya (Sección Tercera) (Spain) (Second instance) Date: 26-09-2006 Court decision: Juzgado de Primera Instancia nº 2 de Guernica (Spain) (First instance) available in the database):