PIL instrument(s)

Case number and/or case name

S.A. Look Cycle. Roj: AAP B 5614/2010 - ECLI:ES:APB:2010:5614A Id Cendoj: 08019370152010200076

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

16 June 2010

Appeal history

CJEU's case law cited by the court

Summary

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 the enforcement of a French judgement in Spain. The plaintiff objects, appeals and alleges the application of art. 34.3 and 34.1 of Brussels I Regulation. Court decision: the court does not appreciate the existence of irreconcilable judgements according to art. 34.3. The court cannot accept the allegations of infringement of the Spanish public policy either (art. 34.1). The court cites CJEU´s case law in that sense. The court cannot review the foreign court decision as to its substance (art. 36 of Brussels I Regulation). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia número 39 de Barcelona (Spain) (First instance) Date: 17-04-2009