Summary
Conflict of jurisdiction on the basis of Brussels I Regulation provisions.
The matter of the case is an internal company dispute. The company is Spanish. The defendants do not have their habitual residence in Spain.
Court decision: the court decides that Spanish courts are not competent to decide on the case according to arts. 2, 4, 22 and 23 of Brussels I Regulation.
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 as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated.
Appeal history (not available in the database):
Court decision: Juzgado de Instrucción número Tres de Benidorm (Spain) (First instance)
Date: 25-05-2005