Summary
The matter of the following case is the registration of an immovable property in Spain. The Spanish DGRN (a Spanish administrative authority) denies the registration of an immovable property located in Spain who was sold in Venezuela. The claimant appeals.
Court decision: the court comes to the conclusion that, following Rome I Regulation, the controversy must be resolved according to Spanish law in as much as the immovable property is situated in Spain.
The court cites Art. 1, Art.2, art. 4.3, art. 1.2 a) and art. 13 of Rome I Regulation.
The court applies the uniform rules of Rome I Regulation on the law applicable in the abscence of choice by the parties and considers that it was clear from all the circumstances of the case that
the immovable property contract was manifestly more closely connected with Spain than with Venezuela.
Appeal history (not included in the database):
Previous administrative decision (DGRN): registrador de la Propiedad número 1 de Madrid. Spain.
Date: 17-10-2011