Case number and/or case name
Retractilados Europeos (2011).Roj: STSJ CAT 6728/2011 - ECLI:ES:TSJCAT:2011:6728
Details of the court
Spain, Third Instance
Articles referred to by the court
Rome I
Article 3
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Article 12
Paragraph 1
SubParagraph a
Date of the judgement
26 May 2011
CJEU's case law cited by the court
Summary
Case on the application of Rome I Regulation provisions in Spain. The matter of the case is a claim for payment and a dispute between two companies concerning a debt derived from a services ‘contract obligation. A second instance Spanish court decided on the case. The court applied 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 estimated that Spanish law was the law applicable to the case. The claimant appeals.
Court judgment: the appeal is accepted. The court comes to the conclusion that Rome I Regulation is not applicable to the case. In order to decide, the court applies the doctrine of irreconcilable judgements.
Appeal history:
Court judgment: Sección 1a de la Audiencia Provincial de Barcelona. Spain. (second instance)
Date: 02-02- 2010
Court judgment: Juzgado de Primera Instancia núm. 2 de Sant Feliu de Llobregat. Spain. (first instance)
Date: 18-04-2008