Case number and/or case name
Britannia Steam Ship.Roj: SJM GC 17/2011 - ECLI:ES:JMGC:2011:17 Id Cendoj: 35016470012011100003
Details of the court
Spain, First Instance
Articles referred to by the court
Date of the judgement
17 February 2011
CJEU's case law cited by the court
Summary
The following is a commercial matters case transacted in Spain. The matter of the case is a dispute on the law applicable to the case on the basis of Rome I Regulation provisions.
The parties are three individuals v. two British companies (an insurance company and a shipping company).The determination of damages was an issue relevant to the case.
Court judgment:
The court decides that the law applicable to shipping insurance matters is British law.
The court comes to the conclusion that art. 7.4 of Rome I Regulation is not applicable to direct actions in law.
As to the determination of damages, the court decides that compensation must be paid by the shipping company (and not by the insurance company).
The court makes an effective examination of the uniform rules of Rome I Regulation on the law applicable to the case concerning insurance contracts before giving its judgement.