EUPillar Vulcano Sadeca S.A. Roj: AAP M 9269/2011

Summary

The matter of the case is the enforcement of a foreign court decision in Spain. Key facts: Application of Brussels I Regulation provisions to the case.The plaintiff appeals against the enforcement given by a first instance Spanish court and alleges the application of art. 34.2 of Brussels I Regulation. Court decision: the court examines the conditions under which the defendant was served with the document that instituted the proceedings and the power of attorney, inspired by Court of Justice of the European Union´s case law (cited in the judgement). The court comes to the conclusion that the defendant was correctly served with the documents required for the enforcement of the foreign judgment in Spain. The court does not consider that the foreign judgement is contrary to Spanish public policy either. The court confirms the judgement given by the first instance Spanish court. The court makes a correct interpretation of Brussels I Regulation provisions on the recognition and enforcement of judgements given by a court or tribunal of a Member State in another Member State. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 70 de Madrid (Spain) (First instance) Date: 24-05-2010