PIL instrument(s)

Case number and/or case name

Francisca.Roj: ATS 15038/2009 - ECLI:ES:TS:2009:15038A Id Cendoj: 28079110012009205526

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

09 November 2009

Appeal history

CJEU's case law cited by the court

Summary

Appeal against the enforcement of a foreign 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 even though she alleged the infringement of articles 34.1 and 34.2 of Brussels I Regulation. Appeal history (not available in the data base): Court decision: Audiencia Provincial de Alicante (Sección 4ª) (Spain) (Second Instance) Date: 24-01-2008 Court decision: Juzgado de Primera Instancia n.º 3 de Alcoy (Spain) (First instance)