PIL instrument(s)

Case number and/or case name

Fernando Scornik Gernstein S.L.P.Roj: SAP M 3826/2015 - ECLI:ES:APM:2015:3826

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

23 March 2015

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. The matter of the case is a claim for payment (legal services provided by a Spanish company to a Portuguese client), a dispute on the validity of a clause of submission to Spanish courts and a conflict of jurisdiction. Keyfacts: A first instance Spanish court decided that the courts from Madrid were competent to decide on the case. Court decision: Spanish courts are not competent to decide on the case according to arts. 15, 16.2 and 17 of Brussels I Regulation. The court decides that the defendant can be considered as a “consumer” according to CJEU´s case law (Cases: Peter Pammer vs. Reederei Karl Schlüter GmbH& Co. KG (C-585/08), Date: 07-12-2010 and Hotel Alpenhof GesmbH vs. Oliver Heller (C-144/09)). The court also takes into account the fact that the defendant (a Portuguese client) has his habitual residence in Portugal. The court declines its jurisdiction in favour of Portuguese courts. Appeal history (not available in the database): First instance court: Juzgado de 1ª Instancia nº 69 de Madrid. Spain Date: 26/05/2014