Case number and/or case name
Kemon S.P.A.Roj: AAP IB 338/2011 - ECLI:ES:APIB:2011:338A Id Cendoj: 07040370052011200081
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
09 October 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 an Italian court decision in Spain. The plaintiff appeals and alleges that the foreign court was not competent to decide on the case and that the document which instituted the proceedings was served to him in Italian and English (languages that he did not spoke).
Court decision: the court cannot review the foreign court as to its substance according to art. 35.5 of Brussels I Regulation.
Art. 34.2 of that Regulation cannot be applied for the plaintiff´s right of defence was granted during the process. The court cites CJEU´s case law in that sense.
The foreign judgement fulfils the requirements of arts. 53 and 54 of Brussels I to be enforced in Spain.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número 11 de Palma (Spain) (First instance)
Date: 13-04-2011