PIL instrument(s)

Case number and/or case name

Endesa.Roj: AJM B 48/2006 - ECLI:ES:JMB:2006:48A Id Cendoj: 08019470012006200002

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

24 October 2006

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. Key facts: Commercial matters case. The defendant, a Spanish industrial company, is located in Spain. The electrical damages caused by this company were also caused in Spain. Court decision: the court decides that Spanish courts are competent to decide on the case according to arts. 5.3 and 6.1 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 in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur. The court also takes into account the rules on jurisdiction according to which a person domiciled in a Member State may also be sued where he is one of a number of defendants, in the courts for the place where any one of them is domiciled (provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings).