PIL instrument(s)

Case number and/or case name

Landsbanki Luxembourg S.A.Roj: AAP MA 50/2015 - ECLI:ES:APMA:2015:50A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

22 October 2015

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. Keyfacts: The claimant is not a Spanish national but is resident in Spain. The defendant is a bank institution from Luxemburg. The claimant asks for the nullity of a mortgage loan on an immovable property situated in Spain. There is a clause of submission to Luxembourgian courts. A first instance Spanish court declined its jurisdiction in favour of Luxembourgian courts. Court decision: Spanish courts are competent to decide on the case according to art. 22 of Brussels I Regulation in as much as the immovable property is located in Spain (“courts shall have exclusive jurisdiction, regardless of domicile in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated”). The court applies correctly the rules on exclusive jurisdiction of Brussels as regards proceedings which have as their object rights in rem in immovable property or tenancies of immovable property. Appeal history (not available in the database): First instance court: JUZG. Nº 4 DE FUENGIROLA. Spain. Date: 22-05-2014