Case number and/or case name
Justino vs. Manuel.Roj: AAP IB 214/2011 - ECLI:ES:APIB:2011:214A Id Cendoj: 07040370052011200052
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
07 June 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 British court decision in Spain (taxation of costs). The plaintiff appeals and alleges the existence of another judicial process in the UK on the authenticity of documents related to the case.
Court decision: according to arts. 36 and 45 of Brussels I Regulation, Spanish courts cannot review a foreign court decision as to its substance. In addition, the taxation of cost is not contrary to Spanish public policy (art. 34.1 of Brussels I regulation) as alleged by the plaintiff.
The British court decision must be enforced in Spain.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 8 de Palma (Spain) (First instance)
Date: 19-01-2008