PIL instrument(s)

Case number and/or case name

Infasa. Instalaciones y Fabricaciones Industriales,S.A. (Infasa) vs. PM di Pizzolato Giorgio & C., S.A.S.Juzgado de Primera Instancia de Fuenlabrada (Madrid), n. 114/2012.

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

11 May 2012

Appeal history

CJEU's case law cited by the court

Summary

The following is a contractual obligations case transacted before Spanish courts. The matter of the case is an applicable law dispute concerning the application of Rome I Regulation provisions in Spain. The parties are a Spanish buyer and an Italian seller. The matter of the case is a responsibility claim derived from a failure on the seller part and a purchase item not delivered. Court decision: the court comes to the conclusion that Rome I Regulation is not applicable to the case as the contract between the parties was signed previously to 17-12-2009. The court considers that the Convention on the law applicable to contractual obligations (Rome 1980) should be applicated instead. As to the law applicable to the case, the court considers that Spanish law is not applicable and that the controversy must be resolved according to Italian law. The court only makes a generic reference to the application of Rome I Regulation provisions to the case.