Case number and/or case name
Tasolán S.L.Roj: SAP GC 2465/2015 - ECLI:ES:APGC:2015:2465
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Date of the judgement
14 July 2015
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 conflict of jurisdiction and a dispute over the inclusion of unfair terms in a contract of sale of an immovable property situated in Spain. The claimant is German. The contract included a clause of submission to Spanish courts.
Court decision: Spanish courts are competent to decide on the case according to arts. 5.1 ) a); 6.4 and 22.1 of Brussels I Regulation
Spanish courts have an exclusive jurisdiction,
regardless of domicile, in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, when the property is situated in Spain (Art. 22.1 of Brussels I Regulation).
The court applies correctly the rules on exclusive jurisdiction of Brussels I 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 decision: Juzgado de Primera Instancia Nº 1 de San Bartolomé de Tirajana. Spain.
Date: 12-05-2011