Case number and/or case name
Deg Alles. Roj: AAP GI 5/2012 - ECLI:ES:APGI:2012:5A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
22 January 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.
The matter of the case is the enforcement of a German court decision in Spain. A first instance Spanish court denied the enforcement (defendant not served with the declaration of enforceability -art. 42- of Brussels I Regulation).
Court decision: the foreign court decision must be automatically enforced in Spain according to arts. 41 and 53 of Brussels I Regulation.
The foreign judgment fulfils the formalities required by Brussels I Regulation and must be enforced in Spain, without prejudice of the defendant´s right to appeal the decision according to art. 43 of that Regulation and on the base of art. 42.
Appeal history (not available in the database):
Court decision: Juzgado Primera Instancia 6 Figueres (Spain) (First instance)
Date:01-03-2011