PIL instrument(s)

Case number and/or case name

SHW Capital Investments.Roj: Roj: AAP B 7854/2012 - ECLI:ES:APB:2012:7854A Id Cendoj: 08019370192012200122

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

31 October 2012

Appeal history

CJEU's case law cited by the court

Summary

The following is a commercial matters case on the application of Rome I Regulation in Spain. The matter of the case is an applicable law dispute on contractual obligations. The claimants are two German companies that disagree on the place where the services were to be provided. The German companies appeal against a first instance Spanish court decision which previously declined the application of Spanish law to the case on the basis of Rome I Regulation provisions. Court judgment: the appeal is accepted. Spanish courts are competent to decide on the case. The law applicable is the Spanish one according to arts. 3 and 4 of Rome I Regulation (law applicable in the abscence of choice by the parties). The court decides that, according to Rome I Regulation provisions, a contract for the provision of services shall be governed by the law of the country where the service provider has his habitual residence (which was Spain in this particular case). The court applies correctly the uniform rules of Rome I Regulation on the law applicable in the absence of choice to contracts for the provision of services. Appeal history: Court judgment: Juzgado de Primera Instancia núm. 20 de Barcelona. Spain. (appeal). Date:24-05- 2012 (first instance court)