Case number and/or case name
Mateo. Roj: STS 8111/2009 - ECLI:ES:TS:2009:8111
Details of the court
Spain, Third Instance
Articles referred to by the court
Date of the judgement
17 December 2009
CJEU's case law cited by the court
Summary
The matter of the case is a conflict of jurisdiction between Spain and the courts of the United Kingdom related to the enforcement of a British court decision in Spain.
Key facts: The plaintiff appeals against a second instance Spanish court judgement that determined its jurisdiction and the power to decide on the enforcement.
Court decision: the court comes to the conclusion that the second instance court decision must be confirmed. None of the allegations of the plaintiff can be accepted. The second instance Spanish court decision did not review the foreign court judgement as alleged by the plaintiff (art. 36 of Brussels I Regulation).
To the contrary, the court did not appreciate any controversy for it applied art. 22.5 of that Regulation (the courts of the Member State in which the judgment had to be enforced were Spanish courts). In addition, the court took into account the contents of Recitals n. 16 and 17 of Brussels I Regulation.
As a consequence, Spanish courts are competent to decide on the enforcement in Spain of the British judgement.
Appeal history (not available in the database):
Court decision: Sección 11ª de la Audiencia Provincial de Madrid (Spain) (Second instance)
Date:21-03-2005
Court decision: Juzgado de Primera Instancia nº 72 de Madrid (Spain) (First instance)
Date: 25-03-2003