PIL instrument(s)

Case number and/or case name

Commerzbank AG. Roj: ATS 11826/2009 - ECLI:ES:TS:2009:11826A Id Cendoj: 28079110012009204378

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

14 September 2009

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the enforcement of a German out of court decision (public deed) previously accepted by a Spanish court by means of an exequatur. Court decision: 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 (wrong procedure and wrong arguments according to national law). Appeal history (not available in the database): Court decision: Audiencia Provincial de Las Palmas de Gran Canaria (Sección 4ª) (Spain) (Second Instance) Date: 31-07-2007 Court decision: Juzgado de Primera Instancia número 3 de los de San Bartolomé de Tirajana (Spain) (First instance) Date: 05-04-2005