Ryanair (2). Roj: STSJ M 16236/2013 - ECLI:ES:TSJM:2013:16236 Id Cendoj: 28079330102013100730
Details of the court
Spain, First Instance
Articles referred to by the court
Rome I
Article 3
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
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
Article 9
Paragraph 2
Date of the judgement
30 October 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
The matter of the following commercial matters case is an applicable law dispute in Spain based on the application of Rome I Regulation provisions.
Key facts: One of the parties alleges the existence of unfair terms included in a consumer contract (carriage of passengers). An express clause of submission to Irish law was also included in the consumers ´contract.
The other party, Irish air company Ryanair, objects and claims against a Spanish autonomous region unfavourable decision (Community of Madrid decision) which decided that Spanish law was the law applicable to the case.
Court judgment: the court rejects Ryanair claims and refers to arts. 3 and 6 in order to determine the law applicable to the case. The law applicable to passengers flights from and to the Spanish territory is the Spanish law according to art. 5.2 of Rome I Regulation.
In addition and in order to determine the law applicable to the case, the court estimates that the national security plan can be considered as an overriding mandatory provision, according to art. 9.2 of Regulation (CE) 593/2008 (Rome I).
The court applies efficently the uniform rules of Rome I Regulation on consumer contracts, on contracts of carriage and the overriding mandatory provisions.