Casimiro vs. Germán.Roj: AAP M 9906/2007 - ECLI:ES:APM:2007:9906A Id Cendoj: 28079370142007200144
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 2
Paragraph 1
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Date of the judgement
16 September 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 dispute originated by the damages caused between two comercial companies. The domicile of the defendant is located in the UK. The plaintiffs allege that the conflict is generated by a contract signed in Spain and that the obligation must be performed in that Member State.
Court decision: the court decides that Spanish courts are not competent to decide on the case according to art. 2.1 of Brussels I Regulation. Art. 5.1 cannot be applied.
The court applies Brussels I Regulation general provisions on jurisdiction, which state that persons domiciled in a Member State shall, whatever their nationality, be sued in the
courts of that Member State.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº 46 de Madrid (Spain) (First instance)
Date: 22-03-2007