Case number and/or case name
La Estrella S.A. de Seguros.Roj: AAP M 14160/2011 - ECLI:ES:APM:2011:14160A Id Cendoj: 28079370092011200198
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 French court decision in Spain by a first instance Spanish court. The plaintiff, an insurance company, objects, appeals and alleges the application of art. 9.1 a) of Brussels I Regulation. The insurer is domiciled in Spain.
Court decision: the allegations of the plaintiff are accepted by the court.
According to arts. 35.1 and 9.1 a) of Brussels I Regulation, Spanish courts were competent to decide on the case.
As a consequence, the enforcement is denied and the first instance Spanish court decision must not be taken into account.
In order to decide, the court applies Brussels I provisions on jurisdiction in matters relating to insurance, according to which, an insurer domiciled in a Member State may be sued in the courts of the Member State where he is domiciled.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 52 de Madrid (Spain) (First instance)
Date: 14-07-2010