PIL instrument(s)

Case number and/or case name

SHW Capital Investments(2).Roj: Roj: AAP B 7854/2012 - ECLI:ES:APB:2012:7854A Id Cendoj: 08019370192012200122

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

14 May 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 provisions in Spain. The matter of the case is a dispute between two German companies on the place where the services were to be provided (Germany or Spain). The parties raise a conflict on the law applicable to the case before Spanish courts. Court judgment: the court comes to the conclusion that Spanish law is not applicable to the case according to arts. 3 and 4 of Rome I Regulation. The court applies incorrectly the provisions of Rome I Regulation on the law applicable in the absence of choice by the parties because the habitual residence of the services provider was in Spain. This judgement will be appealed later by the defendant before a second instance Spanish court.