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

And we continue with the 𝗣𝗿𝗲𝘀𝘁𝗶𝗴𝗲 𝗰𝗮𝘀𝗲 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 𝗔𝗚 𝗖𝗼𝗹𝗹𝗶𝗻𝘀 and considers that a previous 𝗘𝗻𝗴𝗹𝗶𝘀𝗵 𝗷𝘂𝗱𝗴𝗺𝗲𝗻𝘁 confirming 𝗮𝗻 𝗘𝗻𝗴𝗹𝗶𝘀𝗵 𝗮𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗮𝘄𝗮𝗿𝗱 cannot oppose a subsequent 𝗷𝘂𝗱𝗴𝗺𝗲𝗻𝘁 𝗼𝗳 𝘁𝗵𝗲 𝗦𝗽𝗮𝗻𝗶𝘀𝗵 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 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 𝗘𝗻𝗴𝗹𝗶𝘀𝗵 𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁, which was appealed by the insurers’ club, obtaining a favourable ruling before the 𝗖𝗼𝘂𝗿𝘁 𝗼𝗳 𝗔𝗽𝗽𝗲𝗮𝗹, 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 𝗨𝗞 𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 to consider whether it was correct.

As we have said on other occasions, 𝗺𝘂𝗰𝗵 𝗴𝗮𝗺𝗲 𝗶𝘀 𝘀𝘁𝗶𝗹𝗹 𝘁𝗼 𝗯𝗲 𝗽𝗹𝗮𝘆𝗲𝗱. And it is being played in England.

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