Lucas.Roj: AAP M 17537/2009 - ECLI:ES:APM:2009:17537A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Paragraph 2
SubParagraph c
Paragraph 2
SubParagraph d
Paragraph 3
Date of the judgement
02 December 2009
Appeal history
None
CJEU's case law cited by the court
None
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 in Spain of a Polish court decision on child maintenance. The plaintiff appeals and alleges that the foreign judgement was given in default of appearance.
Court decision: the court refers generically to Brussels I Regulations and decides that the Polish judgement must be enforced in Spain.
The court comes to the conclusion that the plaintiff had the chance to appear before the Polish court in person or by means of a legal representative.
The foreign court decision is not contrary to the Spanish public policy and cannot be reviewed as to its substance by Spanish courts.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 85 de los de Madrid (Spain) (First instance)
Date: 01-09-2008