Case number and/or case name
Caisse d´épargne Lorraine.Roj: SAP C 2038/2007 - ECLI:ES:APC:2007:2038 Id Cendoj: 15030370042007100424
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
22 July 2007
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: Conflict of jurisdiction between France and Spain.
The matter of the case is the dispute originated between a bank agency and its client for a financial debt. The client is a Spanish citizen living in France. The bank is located in France.
Court decision: the court estimates that it has been proved that the defendant´s domicile is located in France. As a consequence, Spanish courts are not competent to decide on the case according to arts. 16.2, 59 and Recital n.11 of Brussels I Regulation.
The court applies Brussels II a Regulation provisions on jurisdiction over consummers contracts whihc state that the proceedings may be brought against a consumer by the
other party to the contract only in the courts of the Member State in which the consumer is domiciled.
Appeal history (not available in the database):
Court decision: JUZGADO 1ª INSTANCIA Nº 8 DE A CORUÑA (Spain) (Court decision)
Date: 18-09-2006