Case number and/or case name
Hilco Industrial Limited.Roj: AAP B 3319/2012 - ECLI:ES:APB:2012:3319A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 47
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
24 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 British court decision in Spain. The plaintiff appeals and alleges defencelessness and the infringement of formal requirements (lack of apostille).
Court decision: art. 56 of Brussels I Regulation, in relation with the documents mentioned in art. 53, do not ask for additional formal requirements. The foreign court decision fulfils the requirement of arts. 32 and cannot be review as to its substance (art. 36).
The court accepts the application of protective measures following art. 47.2 of Brussels I Regulation. The court cites CJEU´s case law on the application of provisional measures.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia núm. 3 de Barcelona (Spain) (First instance)
Date:30-09-2010