Audiencia Provincial de Navarra, Sección 2ª, auto de 15/01/2002 Alejandro M. T. y Victoria O. / Raymond A.
Decision by national courts in the field of European Union law — ECLI:ES:APNA:2002:1A
Date: 2002-01-15
Subject matter: Brussels Convention of 27 September 1968
Origin: Spain

82002ES0115(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The French applicant was granted several judgments by the courts of Bayonne (FR). He then applied to the Juzgado de Primera Instancia no. 5 of Pamplona (ES) for declarations of enforceability of the judgments as well as notes of legal and expert witness expenses incurred in the proceedings. The court granted the application. The respondent lodged an appeal, claiming that the French judgment and the decision on costs were not capable of being enforced. In addition, the respondent alleged breaches of Articles 25 and 27(1) Brussels Convention.
The Audiencia Provincial of Navarra (ES) holds that the court of first instance, apart from a number of formal errors, correctly applied the Brussels Convention with regard to granting the declaration of enforceability. The refusal of recognition and a declaration of enforceability after a declaration of enforceability has already been issued can only occur if the respondent raises a challenge in the context of an appeal provided by Article 36 Brussels Convention and where the requirements of Articles 27 or 28 Brussels Convention are fulfilled. Furthermore, the French judgments in this case fulfil the requirements of Article 47(1) Brussels Convention with regard to authenticity, enforceability and service on the enforcement debtor. In relation to the infringement of Article 27(1) Brussels Convention, the court determines that the imposition of a penalty is not a clear breach of Spanish public policy as Spanish procedural law also provides for the possibility of such penalties. However the court refuses to issue a declaration of enforceability of the notes of legal and expert witness expenses, as no judicial decision was made in respect of these expenses, and therefore the notes cannot be considered to be decisions in terms of Article 25 Brussels Convention.