European Court of Justice rules that British arbitration cannot block enforcement of Spanish judgement against Prestige insurer

And we continue with the ๐—ฃ๐—ฟ๐—ฒ๐˜€๐˜๐—ถ๐—ด๐—ฒ ๐—ฐ๐—ฎ๐˜€๐—ฒ with a new result. This time Spain has scored a goal in its favour, in this case from the Court of Justice of the European Union, which -as some had already expected- has ruled against ๐—”๐—š ๐—–๐—ผ๐—น๐—น๐—ถ๐—ป๐˜€ and considers that a previous ๐—˜๐—ป๐—ด๐—น๐—ถ๐˜€๐—ต ๐—ท๐˜‚๐—ฑ๐—ด๐—บ๐—ฒ๐—ป๐˜ confirming ๐—ฎ๐—ป ๐—˜๐—ป๐—ด๐—น๐—ถ๐˜€๐—ต ๐—ฎ๐—ฟ๐—ฏ๐—ถ๐˜๐—ฟ๐—ฎ๐˜๐—ถ๐—ผ๐—ป ๐—ฎ๐˜„๐—ฎ๐—ฟ๐—ฑ cannot oppose a subsequent ๐—ท๐˜‚๐—ฑ๐—ด๐—บ๐—ฒ๐—ป๐˜ ๐—ผ๐—ณ ๐˜๐—ต๐—ฒ ๐—ฆ๐—ฝ๐—ฎ๐—ป๐—ถ๐˜€๐—ต ๐—ฆ๐˜‚๐—ฝ๐—ฟ๐—ฒ๐—บ๐—ฒ ๐—–๐—ผ๐˜‚๐—ฟ๐˜ seeking its enforcement in England and Wales.

But extreme caution is required because the decision to refer this issue to the CJEU was made by the ๐—˜๐—ป๐—ด๐—น๐—ถ๐˜€๐—ต ๐—›๐—ถ๐—ด๐—ต ๐—–๐—ผ๐˜‚๐—ฟ๐˜, which was appealed by the insurers’ club, obtaining a favourable ruling before the ๐—–๐—ผ๐˜‚๐—ฟ๐˜ ๐—ผ๐—ณ ๐—”๐—ฝ๐—ฝ๐—ฒ๐—ฎ๐—น, which indicated that it was an issue improperly referred to the CJEU and that the English judge should have resolved it. This matter is now appealed before the ๐—จ๐—ž ๐—ฆ๐˜‚๐—ฝ๐—ฟ๐—ฒ๐—บ๐—ฒ ๐—–๐—ผ๐˜‚๐—ฟ๐˜ to consider whether it was correct.

As we have said on other occasions, ๐—บ๐˜‚๐—ฐ๐—ต ๐—ด๐—ฎ๐—บ๐—ฒ ๐—ถ๐˜€ ๐˜€๐˜๐—ถ๐—น๐—น ๐˜๐—ผ ๐—ฏ๐—ฒ ๐—ฝ๐—น๐—ฎ๐˜†๐—ฒ๐—ฑ. And it is being played in England.

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