Case number and/or case name
Brígida vs. José Ignacio.Roj: AAP B 5618/2011 - ECLI:ES:AP B:2011:5618A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
18 July 2011
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 foreign court decision from the Netherlands in Spain (a judgment on divorce). The father lives in Austria and the mother and children live in Spain.
Court decision: Spanish courts are not competent to decide on the enforcement of the foreign court decision according to arts. 38 (the court decision from the Netherlands was not declared enforceable in Spain) and 39.2 of Brussels I Regulation (the defendant has not properties in Spain).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia núm. 8 de Sabadell (Spain) (First instance).
Date:21-12-2010