PIL instrument(s)

Case number and/or case name

Giuliano SRL.Roj: AAP B 9373/2009 - ECLI:ES:AP B:2009:9373A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

07 July 2009

Appeal history

CJEU's case law cited by the court

Summary

Application of Brussels I and Brussels II a Regulations provisions to the enforcement of a foreign court decision in Spain. The matter of the case is the enforcement of an Italian judgement in Spain. The plaintiff objects, appeals and alleges the application of art. 34 and that the Italian courts are not competent to decide on the case. Court decision: the foreign court decision fulfils all the requirements of art. 53 of Brussels I Regulation to be enforced in Spain. The allegations of the plaintiff cannot be taken into consideration (art. 34) in as much as it is presumed that the plaintiff was correctly served with the document which instituted the proceedings. The court cannot review the foreign court jurisdiction according to arts. 36 and 35.3 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 número 52 de Barcelona (Spain) (First instance) Date: 15-05-2008