Case number and/or case name
LANDESBANK HESSEN.Roj: AAP IB 392/2009 - ECLI:ES:APIB:2009:392A
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
Article 40
Paragraph 1
Paragraph 2
Paragraph 3
Article 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Article 46
Paragraph 1
Paragraph 2
Paragraph 3
Article 47
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
21 December 2009
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 a German court decision in Spain.
Court decision: the court accepts to recognise the foreign court decision but does not accept its enforcement. The court appreciates the existence of defencelessness: the debt was not notified to the plaintiff; the certifications required concerning the enforcement order were not submitted.
In order to decide the court makes an effective interpretation of Brussels I Regulation provisions on the recognition and enforcement of judgments given by a court or tribunal of a Member state in another Member state (arts. 33 to 48 of Brussels I Regulation).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 3 de Ibiza (Spain) (First instance)
Date: 03-03-2006