Case number and/or case name
Pablo. Roj: ATS 5911/2012 - ECLI:ES:TS:2012:5911A
Details of the court
Spain, Third Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
04 June 2012
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.
Key facts: Appeal against the enforcement of a foreign court decision previously accepted by a Spanish court by means of an exequatur.
Court decision: the foreign court decision is in accordance with art.34 of Brussels I Regulation. The examination of the appeal must be accepted by the court because of the direct effect and primacy of Community laws.
Nevertheless the appeal is finally rejected. The plaintiff did not prove the existence of cassation interest before the court.
Appeal history (not available in the database):
Court decision: Audiencia Provincial de Palma de Mallorca (Sección 3ª) (Spain) (Second instance)
Date: 17-01-2012
Court decision: Juzgado de Primera Instancia Nº 4 de Manacor (Spain) (First instance)
Date: 09-07-2009