Case number and/or case name
Corporativo del Aquea.Roj: AAP B 1310/2010 - ECLI:ES:APB:2010:1310A Id Cendoj: 08019370012010200060
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
16 March 2010
CJEU's case law cited by the court
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
The matter of the case is the enforcement of a foreign court decision in Spain. The plaintiff alleges the application of a Bilateral Convention between Spain and Mexico which attributes jurisdiction to the Mexican courts (art.71 of Brussels I Regulation). The defendant´s domicile was located in Spain.
Court decision: Spanish courts are competent to decide on the case according to art. 2 of Brussels I Regulation.
The Bilateral Convention between Spain and Mexico is not applicable to the case for it does not include rules on jurisdiction but on recognition and enforcement of foreign arbitral and court decisions. The court cites CJEU´s case law on the interpretation of art. 71 of Brussels I Regulation.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 6 de Granollers (Spain) (First instance)
Date: 15-05-2009