Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
Key facts: appeal against the enforcement of a Dutch court decision previously accepted by a Spanish court by means of an exequatur.
Court decision: the foreign court decision is in accordance with art. 44 of Brussels I Regulation.
The examination of the appeal must be accepted by the court because of the direct effect and primacy of Community 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. 44 of Brussels I Regulation.
Nevertheless the appeal is finally rejected.
The plaintiff did not prove the existence of cassation interest before the court (the judgement is not contrary to the Spanish Higher Court case law).
Appeal history (not available in the database):
Court decision: Audiencia Provincial de Madrid (Sección 18ª) (Spain) (Second instance)
Date:12-05-2010
Court decision: Juzgado de Primera Instancia número 68 de Madrid (Spain) (First instance)