PIL instrument(s)
Brussels I
Case number and/or case name
Roberto vs. Miguel.Roj: ATS 10565/2004 - ECLI:ES:TS:2004:10565A Id Cendoj: 28079110012004203610
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 3
Date of the judgement
19 September 2004
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction on the basis of Brussels I Regulation provisions. The matter of the case are the damages caused in the context of a car accident in Spain. The person responsible for the accident is domiciled in Italy. Court decision: the court decides that Spanish courts are competent to decide on the case according to art. 5.3 of Brussels I Regulation (place where the damage is done). The court applies the provisions on special jurisdiction according to which a person domiciled in a Member State may, in another Member State, be sued in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur.

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