Case number and/or case name
Bebe Due España. Roj: SAP B 9952/2009 - ECLI:ES:APB:2009:9952
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 28
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
13 October 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 of an Italian court decision in Spain. The plaintiff objects, appeals and alleges the existence of lis pendens (another judicial proceeding initiated in Italy previously).
Court decision: the court does not appreciate the existence of lis pendens and decides to accept the enforcement of the foreign court decision. Art. 28 of Brussels I is not applicable (the connexion between the actions is not as close to cause the risk of irreconcilable judgements).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 1 de Sabadell. (Spain) (First instance)
Date: 19-06-2007