Case number and/or case name
SPARKASSE NIEDERRHEIN. Roj: AAP GI 44/2012 - ECLI:ES:APGI:2012:44A Id Cendoj: 17079370012012200040
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
The matter of the case is the enforcement of a foreign court decision (notarized public deed) in Spain. A first instance Spanish court denied the enforcement.
Court decision: the foreign court decision must be enforced in Spain. Art. 34 of Brussels I Regulation is not applicable as asked by the plaintiff. The judge assesses the formal requirements of the notification and comes to the conclusion that the plaintiff was served with the document which instituted the proceedings in sufficient time and in such a way as to enable him to arrange for his defence.
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 6 Figueres (Spain) (First instance)
Date: 29-07-2011