Case number and/or case name
CM España.Roj: SJM M 5/2014 - ECLI:ES:JMM:2014:5
Details of the court
Spain, First Instance
Articles referred to by the court
Date of the judgement
09 January 2014
CJEU's case law cited by the court
Summary
Applicable law dispute on the basis of Rome II Regulation provisions. Intellectual property rights case. The matter of the case is the recognition and enforcement of a foreign court decision in Spain.
Key facts: Two individuals request the invalidation of several trademarks used by CM España, a Spanish company. The plaintiffs claim for the recognition of a Mexican court decision that declares their authorship.
Court decision: the foreign court decision fulfils the requirements to be recognised and enforced in Spain.
Mexican law is applicable to the case in as much as art. 8.1 of Rome II Regulation is not applicable (the infringement of intellectual property rights was previous to the entry into force of the Regulation).