Case number and/or case name
Cargo Nord SRL.Roj: AAP B 9418/2009 - ECLI:ES:APB:2009:9418A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
29 November 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 and alleges the application of arts. 34.2 and 35 of Brussels I Regulation.
Court decision: Spanish courts are competent to decide according to arts. 38 and 54 of Brussels I Regulation. Arts. 34. 2 and 35 are not applicable (the defendant was correctly served with the document which instituted the proceedings and the judgement does not enter in conflict with Sections 3, 4 or 6 of Chapter II of Brussels I Regulation).
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the enforcement of a foreign court decision delivered by another Member State.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 6 de Barcelona (Spain) (First instance)
Date: 05-05-2008