Case number and/or case name
Credit Andorra. Roj: AAP M 14831/2012 - ECLI:ES:APM:2012:14831A Id Cendoj: 28079370202012200174
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
13 September 2012
CJEU's case law cited by the court
Summary
The matter of the following case is an applicable law dispute concerning Rome I Regulation provisions in Spain.
The parties are a bank from Andorra (Credit Andorra S.A.) and two Spanish individuals. The matter of the case is a dispute on the law applicable to a services contract signed by the parties that included a submission to Andorran courts.
Court judgment: the court estimates that according to art. 3.1 of Rome I Regulation, the law applicable to the case is the Andorran one (foreign law). Pursuant to that article, "a contract shall be governed by the law chosen by the parties".
The court finds that the choice was made by the parties expressly and clearly demonstrated
by the terms of the contract or the circumstances of the case.
The court applies correctly the uniform rules of Rome I Regulation on freedom of choice according to which a contract shall be governed by the law chosen by the parties.
Appeal history (not available in the database):
Court judgment: Jdo. 1a. inst. e instrucción n. 3 de Pozuelo de Alarcón. Spain. (first instance)
Date: 11-01-2011