Case number and/or case name
BMW Leasing GMBH. Roj: ATS 2775/2013 - ECLI:ES:TS:2013:2775A
Details of the court
Spain, First Instance
Articles referred to by the court
Date of the judgement
11 February 2013
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a conflict of territorial jurisdiction between two first instance Spanish courts in relation to the enforcement of a German court decision in Spain.
Court decision: the court decides according to art. 39.2 of Brussels I Regulation.
The competent court is the one that recognised the enforcement of the foreign court decision as a prior step to the final enforcement.
In order to decide, the court applies Nrussel I regulation provisions on enforcement according to which t he local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número Once de Palma de Mallorca (Spain ) (First instance)
Date: 19-10-2011