PIL instrument(s)

Case number and/or case name

Leandro. Roj: ATS 2243/2010 - ECLI:ES:TS:2010:2243A Id Cendoj: 28079110012010200964

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

22 February 2010

Appeal history

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 in Spain of a foreign court decision from Poland on maintenance. The plaintiff alleges the infringement of art. 34.2 of Brussels I Regulation. Two first and second instance Spanish courts decided that the Polish court decision must be enforced in Spain. Court decision: the appeal before the Spanish Higher Court (third instance) must be examined according to Brussels II a Regulation and Brussels I Regulation (art. 44 and Annex IV). Nevertheless, the plaintiff has not proved the existence of cassation interest before the court. Therefore, the foreign court decision must be enforced in Spain. Appeal history (not available in the database): Court decision: Audiencia Provincial de Córdoba (Sección Segunda) (Spain) (Second instance) Date:19-12-2008 Court decision: Juzgado de Primera Instancia (Spain) (First instance)