Case number and/or case name
Seres Pequeños S.L.Roj: AAP BI 1221/2010 - ECLI:ES:APBI:2010:1221A Id Cendoj: 48020370032010200116
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
14 December 2010
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 judgement in Spain. The plaintiff appeals and alleges the infringement of arts. 54 and 53.2 as well as Annex V of Brussels I Regulation.
Court decision: the court accepts the allegations of the plaintiff (absence of the date of service of the document instituting the proceedings where judgment was given in default of appearance) (Annex V 4.4.4 of Brussels I Regulation in relation with arts. 54 and 53.2).
The court makes a correct interpretation in its judgement of the formal requirements of enforcement of Brussels I Regulation.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº 2 de Bilbao (Spain) (First instance)
Date: 25-01-2008