PIL instrument(s)

Case number and/or case name

Clerigues S.L.Roj: SAP V 92/2008 - ECLI:ES:APV:2008:92 Id Cendoj: 46250370092008100001

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

17 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. The matter of the case is a conflict of jurisdiction between Spanish and German courts originated on the performance of an obligation derived from a distribution contract signed by the parties. The defendant is domiciled in Germany. The place of the performance of the obligation was Gernany. Court decision: the court considers that the contract signed by the parties is a supply contract and decides that German courts are competent to decide on the case according to art. 5.1 b) of Brussels I Regulation in as much as as the defendant´s domicile is in Germany. The court applies Brussels I Regulation general provisions on jurisdiction in matters relating to a contract, and in particular, concerning the performance of an obligation consisting in the provision of services, ,which points to the Member State where, the services were provided or should have been provided.