Case number and/or case name
Magdalena vs. Edemiro. Roj: AAP B 7666/2011 - ECLI:ES:APB:2011:7666A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
18 December 2011
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 judgement on maintenance from a foreign court decision. The party against whom the enforcement is sought is living in The Netherlands. A first instance Spanish court denied the enforcement and invoked art 22 of Brussels I Regulation.
Court decision: Spanish courts are not competent to enforce the foreign court decision according to art 39.2 of Brussels I Regulation (the habitual residence of the party against whom the enforcement is sought is not located in Spain).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 2 de los de Granollers (Spain) (First instance)
Date:02-02-2010