The lack of service of the certificate established in Article 53 of the Brussels I bis Regulation as a ground for refusal of enforcement

Abstract

Sought the enforcement in Spain of a default judgment granted in the Netherlands, the defendant invokes three grounds for its refusal: the lack of service of the certificate issued pursuant to article 53 of Brussels I Bis Regulation prior to the first enforcement measure; the lack of service of the judgment prior to its enforcement; and, the challenge of the judgment in the State of origin.