Case number and/or case name
Francisca et alt.Roj: AAP Z 1004/2007 - ECLI:ES:APZ:2007:1004A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 26
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 60
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Date of the judgement
10 October 2007
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 Spain and Germany. Key facts: Commercial matters case. The defendant is domiciled in Spain.
Court decision: the court decides that Spanish courts are competent to decide according to arts. 2.1, 26 and 60 of Brussels I Regulation
.
The court applies Brussels I Regulation general provisions on jurisdiction, which points to the Member State courts where the person sued is domiciled.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia Número Dos de Zaragoza (Spain) (First instance)
Date: 10-02-2006