PIL instrument(s)

Case number and/or case name

Société de promotion de la pêche.Roj: ATS 2340/2010 - ECLI:ES:TS:2010:2340A Id Cendoj: 28079110012010201059

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

01 March 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 ia a dispute between two industrial companies in Spain over the application of a bilateral convention Spain-Russia on the recognition and enforcement of judicial decisions. Key facts: appeal against the enforcement of a foreign court decision previously accepted by a Spanish court by means of an exequatur. Court decision: The examination of the appeal must be accepted by the court because of the direct effect and primacy of UE laws. The appeal before the Spanish Higher Court must be considered as a complete, closed and uniform proceeding applicable to the recognition of foreign court decisions according to art. 33 of Brussels II a Regulation and art. 44 of Brussels I Regulation. Nevertheless the appeal is finally rejected. The plaintiff did not prove the existence of cassation interest before the court (procedure infringements do not fall under the scope of a cassation remedy before the Spanish Higher Court). Appeal history (not available in the database): Court decision: Audiencia Provincial de Huelva (Sección 3ª). (Spain) (Second instance) Date:30-09-2008 Court decision: Juzgado de Primera Instancia número 4 de Huelva (mercantil). (Spain) (First instance)