Case number and/or case name
Ministerio fiscal. Roj: AAP A 130/2009 - ECLI:ES:APA:2009:130A Id Cendoj: 03014370052009200127
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
29 September 2009
CJEU's case law cited by the court
Summary
Conflict of territorial jurisdiction between a first instance court and a court specialized in family issues in Spain based on the application of Brussels I provisions.
The matter of the case is the enforcement of a foreign court decision in Spain.
Court decision: the court resolves the controversy applying Brussels I Regulation provisions. According to art. 39 and Annex II of that Regulation, first instance courts are the jurisdiction expressly in charge to decide on the case (enforcement of a foreign court decision in Spain).
In order to decide the court makes an effective examination of Brussels I Regulation provisions on the jurisdiction competent for the enforcement of a judgment given in a Member State and according to which the local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement. In addition, Annex II states that in Spain the courts or competent authorities to which the application referred to in Article 39 may be submitted are the "Juzgados de Primera Instancia" (first instance courts).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia núm. 12 de Alicante (Spain) (First instance)
Date: 02-03-2009