Case number and/or case name
Marcelina vs. Prudencio.Roj: AAP LO 15/2009 - ECLI:ES:APLO:2009:15A Id Cendoj: 26089370012009200015
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 33
Paragraph 1
Paragraph 2
Paragraph 3
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
26 September 2009
CJEU's case law cited by the court
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
The matter of the case is the enforcement in Spain of a Rumanian court decision on divorce and maintenance matters. A first instance Spanish court decided that the foreign court decision could not be enforced in Spain automatically (further proceedings were necessary).
Court decision: Brussels II a Regulation is not applicable to the case as alleged by the plaintiff (the foreign court decision was previous to its entry into force; furthermore, the Regulation is not applicable to maintenance cases) (Recitals 8 and 11 of Brussels I Regulation).
According to arts. 33 to 37 of Brussels I Regulation (and 33 in particular), the Rumanian court decision must be enforced automatically in Spain.
Appeal history (not available in the database):
Court decision: JDO. DE 1º INSTANCIA N.1 de LOGROÑO (Spain) (First instance)
Date: 01-09-2008