Case number and/or case name
Manilva Costa S.A. Roj: AAP SE 2045/2012 - ECLI:ES:APSE:2012:2045A Id Cendoj: 41091370082012200059
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
02 May 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 the application of art. 34.2 of Brussels I Regulation ant the fact that the British court was not competent to decide on the case.
Court decision: the foreign court decision must be enforced in Spain. The court did not appreciate irregularities in the process of notification of the document which instituted the proceedings in sufficient time to the plaintiff.
The court considers that the British court was competent to decide on the case according to art. 6.1 of Brussels I Regulation in as much as the co-defendant´s domicile is in the United Kingdom.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número 25 de Sevilla (Spain) (First instance)
Date: 05-01-2010