Case number and/or case name
Omega Spice S.L.Roj: STS 4838/2014 - ECLI:ES:TS:2014:4838
Details of the court
Spain, Third Instance
Articles referred to by the court
Brussels I
Article 43
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
15 October 2014
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 is the enforcement of a Finish court decision in Spain. The plaintiff appeals and alleges that the deadlines to request the enforcement of the judgement had expired.
Court decision: the court examines Recitals n. 16 and 17 of Brussels I Regulation and revises the fulfilment of the requirements of art. 43 in order to accept the appeal.
The court comes to the conclusion that even if Brussels I Regulation does not mention a time limit to request the enforcement of a foreign court decision, the application of deadlines is necessary in order to guarantee legal certainty (the court cites CJEU´s case law in that sense).
The court refers to national law which establishes a five year deadlines. The court estimates that the actor did not request the enforcement of the Finish judgement in that period of time and therefore denies the enforcement.
Appeal history (not available in the database):
Court decision: sección primera de la Audiencia Provincial de Murcia (Spain) (First instance)
Date: 30-10-2012