PIL instrument(s)

Case number and/or case name

Santa Marta Mining Co. Roj: SAP BI 1881/2013 - ECLI:ES:APBI:2013:1881 Id Cendoj: 48020370052013100291

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

13 February 2013

Appeal history

CJEU's case law cited by the court

Summary

The following is a commercial matters and contractual liability case transacted before Spanish courts. The matter of the case are the damages caused during a transportation of goods by an outsourced worker. The plaintiff (a Spanish mining company) claims against an unfavourable first instance court decision. Court decision: the appeal is rejected by the court. The court takes into account the concept of contractual and non-contractual obligations referred to by Rome I Regulation in order to decide on the liability of the parties. In that sense, the court cites CJEU´s case law on extra-contractual liability. The court comes to the conclusion that the company allegations cannot be taken into consideration and confirms the extra- contractual liability of the outsourced worker. Appeal history (not available in the database): Court judgment: Juzgado de Primera Instancia nº 7 de Bilbao (Spain) (Ref.: 353/2013). Year: 2013.