EUPillar Corporación Deportiva Once Caldas.Roj: SAP BI 370/2011 - ECLI:ES:APBI:2011:370 Id Cendoj: 48020370042011100077 Nº de resolución: 377/2011

Summary

The following is a jurisdiction conflict and an applicable law dispute concerning the application of Rome I Regulation in Spain. The matter of the case is a sports corporation claim for the nullity of the proceedings concerning a football player given on loan. The sports corporation alleges that Colombian courts are competent to decide on the case instead of the Spanish ones. The claimants appeal against a first instance court decision that reviewed the case previously. Court judgment: The court rejects the appeal. The law applicable to the case and the competent jurisdiction are the ones referred to by art. 3 of Rome I Regulation and art. 17 of Brussels I Regulation (Spanish law and Spanish jurisdiction). The court takes into account the law freely chosen by the parties and finds that this one was expressly or clearly demonstrated by the terms of the contract or the circumstances of the case. 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. Appeal history (not available in the database): Court judgment: decisión nº 172/07, from Juzgado de 1ª Instancia nº 2 de Bilbao. Spain. Date: 16- 07- 2010 (first instance court decision)