PIL instrument(s)

Case number and/or case name

Gutter Trade Ibérica.Roj: AAP M 3862/2010 - ECLI:ES:APM:2010:3862A Id Cendoj: 28079370112010200044

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

25 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 is the enforcement of a French court decision in Spain. Court decision: the enforcement is rejected according to art. 53 of Brussels I Regulation. The party applying for the declaration of enforceability did not produce a copy of the judgment, which, in addition, and according to the Spanish court, does not seems to be a final decision (the enforcement of provisional judgements is questionable according to the Spanish law). Moreover, the plaintiff also applied for the enforcement of the judgement in France, which is not admitted by Brussels I Regulation. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia e Instrucción número 1 de Torrejón de Ardoz (Spain) (First instance) Date: 05-07-2007