Case number and/or case name
Mapfre.Roj: SAP P 89/2013 - ECLI:ES:APP:2013:89
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 33
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
14 February 2013
CJEU's case law cited by the court
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
The matter of the case are the damages caused and derived from a car accident in Spain in which two vehicles were involved. The insurance company of one the victims’ vehicle is domiciled in Germany. One of the victims receives a compensation decided by a court in Germany. A first instance Spanish court ruled in favour of all the victims involved. The defendants (insurance companies) objects and appeal before Spanish courts.
Court decision: the Spanish court takes into account arts. 33 and 58 of Brussels I Regulation and assess the facts in order to apply the principle of non bis in idem.
The court takes for granted the existence of identical bases of claim and therefore recognises the foreign court decision. The appeal is accepted only as to the victim who sued the defendants in Germany.
Appeal history (not available in the database):
Court decision: Juzgado de primera instancia número 5 de Palencia (Spain) (First instance)
Date: 01-12-2009