Summary
Conflict of jurisdiction on the basis of Brussels I Regulation provisions.
The matter of the case are the damages caused by an industrial machine in Spain. The domicile of the defendant is in Italy.
Court decision: Spanish courts are competent to decide on the case according to art. 5.1 a) of Brussels I Regulation. Art. 2.1 is not applicable in this case.
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.
Appeal history (not available in the database):
Court decision: Juzgado Primera Instancia 5 Cerdanyola del Vallés (Spain) (First instance)
Date: 17-01-2005