Ryanair. Roj: SJM M 380/2013 - ECLI:ES:JMM:2013:380
Details of the court
Spain, First Instance
Articles referred to by the court
Rome I
Article 5
Paragraph 2
SubParagraph a
Article 6
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 2
Paragraph 3
Paragraph 4
SubParagraph a
Paragraph 4
SubParagraph b
Paragraph 4
SubParagraph c
Paragraph 4
SubParagraph d
Paragraph 4
SubParagraph e
Date of the judgement
30 September 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
The matter of the following case is an applicable law dispute based on the application of Rome I Regulation provisions in Spain.
Key facts: A Spanish private consumer association (OCU) considers that some clauses on applicable law included in consumers ‘contracts by Irish air company Ryanair must be considered as void. The air company objects and alleges that Spanish law is not applicable to the case.
Court judgment: the court estimates that Spanish law is applicable to the case according to art. 6 and 5.2 of Rome I Regulation in as much as the consumers (the passengers of Ryan Air Company) are resident in Spain.
In order to decide, the court applies the uniform rules of Rome I Regulation on consumer contracts and on contracts of carriage, according to which when the law applicable to a contract for the carriage of passengers has not been chosen by the parties, the law applicable in that case shall be the law of the country where the passenger has his habitual residence.