Audiencia Provincial de Madrid, Sección 11ª, auto de 26/03/2010 62/2010
Decision by national courts in the field of European Union law — ECLI:ES:APM:2010:3862A
Date: 2010-03-26
Subject matter: Judicial cooperation in civil matters
Origin: Spain

82010ES0326(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Juzgado de Primera Instancia de Instrucción of Torrejón Ardoz (ES) refused to issue a declaration of enforceability of a judgment of the Tribunal de commerce of Bordeaux (FR). The claimant lodged an appeal to the Audiencia Provincial of Madrid (ES).
The Audiencia Provincial of Madrid (ES) dismisses the appeal. The refusal to issue a declaration of enforceability of the French judgment was lawful. When the petition for a declaration of enforceability of the judgment was made in Spain, appeal proceedings regarding it had been pending in France. Previously, provisional enforceability of the judgment had been sought in France. The French court granted the petition. The first instance decision which refused a declaration of enforceability of the French judgment should be upheld because it seems unreasonable to be able to provisionally enforce a judgment both in France as well as in Spain. The enforcement creditor may seek enforcement either in the State of origin or in another State which is designated in the Regulation but not, however, in both. For this reason, one of the enforcement proceedings must be stayed; in this case, the Spanish proceedings.