PIL instrument(s)
Brussels I
Case number and/or case name
Angels Textils.Roj: AAP GI 790/2007 - ECLI:ES:APGI:2007:790A Id Cendoj: 17079370022007200208
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Date of the judgement
16 October 2007
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions. The matter of the case is a contract breach by the seller of a defective industrial machine. The place where the good should be delivered was Italy. Court decision: the court comes to the conclusion that Spanish courts are not competent to decide according to art. 5.1 b) of Brussels I Regulation in as much as Spain was not the place of the courts for the place of performance of the obligation in question. In order to decide, the court applies Brussels II a Regulation provisions on special jursdiction in matters relating to a contract. Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia e Instrucción nº 4 de Santa Coloma de Farners (Spain) (First instance) Date: 02-05-2007

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