PIL instrument(s)

Case number and/or case name

Fruit CMR S.A.Roj: ATS 16955/2009 - ECLI:ES:TS:2009:16955A Id Cendoj: 28079110012009206109

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

08 December 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. 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. Appeal history (not available in the database): Court decision: Audiencia Provincial de Barcelona (Sección 15ª) (Spain) (Second Instance) Date: 28-07-2009