PIL instrument(s)
Brussels I
Case number and/or case name
SELLABAND AG. Vs. Veintegenarios S.L. Ref. AC\2010\1203
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Article 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Article 45
Paragraph 1
Paragraph 2
Date of the judgement
14 March 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the 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 an intellectual property dispute raised between two companies. The foreign judgement was given in Germany. Court decision: the court decides that Spanish courts are competent to decide on the enforcement of the foreign court decision (a German court) according to arts. 34, 35, 43 and 45 of Brussels I Regulation. In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the recognition and enforcement of a foreign court decision delivered by another Member State. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia núm. 6 de Rubí. (Spain). (First instance) Date: 12-06-2008

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