Case number and/or case name
Feliciano. vs. Angustia. Roj: AAP GI 37/2012.Id Cendoj: 17079370012012200033
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Article 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
07 March 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 foreign court decision in Spain. The plaintiff objects and appeals against the enforcement in Spain.
Court decision: the foreign court decision must be enforced in Spain according to arts. 34, 41 and 53 of Brussels Regulation in as much as it fulfils all the formal requirements.
The plaintiff can appeal this decision according to art. 43 of Brussels I Regulation only on the base of arts 34 and 35 (the allegations based in national law examined by a first instance court and already rejected would not be accepted).
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the enforcement of a foreign court decision delivered by another Member State.
Appeal history (not available in the database):
Court decision: Juzgado Primera Instancia 2 Figueres (Spain) (First instance)
Date: 04-10-2011