Case number and/or case name
EMI Music Spain S.A.Roj: AAP M 13510/2011 - ECLI:ES:APM:2011:13510A Id Cendoj: 28079370102011200161
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 46
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
21 September 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 an Italian court decision in Spain.
Court decision: the enforcement is rejected following arts. 34.4 (irreconcilable judgements) and 34.1 (lis pendens contrary to Spanish public policy) of Brussels I Regulation.
The court suspends the enforcement of the foreign court decision according to art. 46 of that Regulation.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 12 de Madrid (Spain) (First instance)
Date: 18-10-2010