Case number and/or case name
DGRN. Roj: STS 5354/2012 - ECLI:ES:TS:2012:5354 Id Cendoj: 28079119912012100007
Details of the court
Spain, Third Instance
Articles referred to by the court
Rome I
Article 11
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
SubParagraph a
Paragraph 5
SubParagraph b
Date of the judgement
19 June 2012
CJEU's case law cited by the court
Summary
The following is an immovable property case transacted in Spain. A German buyer and a German seller formalise the public deed of an immovable property located in Spain.
The matter of the case is a dispute concerning the formal requirements for registration of the immovable property. One of the parties appeals against a second instance Spanish court decision that accepted the registration.
Court judgment: the Spanish Higher Court does not accept the appeal. The German public deed can be registered in a Spanish public register according to art. 11 of Rome I Regulation. A contract concluded between persons who are in the same country at the time of its conclusion is formally valid if it satisfies the formal requirements of the law
which governs it in substance or of the law
of the country where it is concluded (Germany).
Appeal history (not included in the database):
Court judgment :
Sección Cuarta de la Audiencia Provincial de Santa Cruz de Tenerife (AC 2007, 188) , after Juzgado de Primera Instancia nº 6 de Santa Cruz de Tenerife decision, against administrative Spanish body
Dirección General de los Registros y del Notariado decision (Date: 07-02-2005).