PIL instrument(s)

Case number and/or case name

Banco Español de crédito.Roj: ATS 5430/2009 - ECLI:ES:TS:2009:5430A Id Cendoj: 28079110012009202218

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

20 April 2009

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the enforcement of a court decision from Gibraltar 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 (the plaintiff did not even mention a particular article of Brussels I Regulation but a generic reference to a rule with less than five year of enforcement). Appeal history (not available in the database): Court decision: Audiencia Provincial de Cádiz.Algeciras (Sección7ª) (Spain) (Second Instance) Date: 23-01-2007 Court decision: Juzgado de Primera Instancia nº 2 de San Roque (Spain) (First instance).