PIL instrument(s)

Case number and/or case name

Retractilados Europeos (2010) STSJ CAT 6728/2011 - ECLI:ES:TSJCAT:2011:6728 Id Cendoj: 08019310012011100035

Details of the court

Spain, Third Instance

Articles referred to by the court

Date of the judgement

02 February 2010

Appeal history

CJEU's case law cited by the court

Summary

The following is a commercial matters case related to the application of Rome I Regulation in Spain. The matter of the case is an applicable law dispute and a claim for payment concerning a debt between two companies derived from a services ‘contract obligation. The contractual obligations case was reviewed by a first instance Spanish court. Court judgment: The second instance Spanish court considers that Rome I Regulation is applicable to the case and cites art. 12.1 of that Regulation (extinction of contract, legal prescription) in order to decide. The court comes to the conclusion that, according to art. 3 of Rome I Regulation, Spanish law is the law applicable to the case in as much as this one was the law freely chosen by the parties. The court applies the uniform rules of Rome I Regulation on freedom of choice according to which a contract shall be governed by the law chosen by the parties. The court also applies the provisions of Regulation (EC) No 593/2008 on the scope of the law applicable to the case. Appeal history: Court judgment: Juzgado de Primera Instancia núm. 2 de Sant Feliu de Llobregat. Spain. (first instance court decision). Date: 18-04-2008