Case number and/or case name
Calixto vs. Germán.Roj: AAP A 185/2010 - ECLI:ES:APA:2010:185A Id Cendoj: 03014370052010200180
Details of the court
Spain, First Instance
Articles referred to by the court
Date of the judgement
17 November 2010
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a conflict of jurisdiction between two Spanish first instance courts and the enforcement of a court decision from The Netherlands in Spain. The plaintiff stands that the court of the place of enforcement is the competent jurisdiction.
Court decision: the court decides that the party against whom the enforcement is sought has the right to choose between the two options of art. 39.2 of Brussels I Regulation: either the place of domicile of the party against whom enforcement is sought, or the place of enforcement. The defendant chose the first option. The court takes into account Recitals n.11 and 12 in order to decide.
Appeal history (not available in the database):
Court decision: Juzgado de 1.ª Instancia número Uno de Benidorm (Spain) (First instance)
Date: 09-06-2010
Court decision: Juzgado de 1.ª Instancia Tres de Villajoyosa (Sapin) (First instance)
Date: 08-07-2010