Case number and/or case name
Wafers Investments(2).Roj: SAP LE 1308/2013 - ECLI:ES:APLE:2013:1308 Id Cendoj: 24089370012013100372
Details of the court
Spain, Second Instance
Articles referred to by the court
Rome I
Article 3
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
25 September 2013
CJEU's case law cited by the court
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: The company WACKER CHEMIER signed an industrial contract with the company DC WAFERS INVESTIMENTS SL. The law applicable to the contract obligations was freely chosen by the parties (Spanish law). Wakers Chemier objects and appeals against an unfavorable first instance court decision.
Court decision: the appeal is rejected by the court. The court comes to the conclusion that the law applicable to the case is the law freely chosen by the parties, in accordance with art. 3 of Regulation (CE) 593/2008 (Rome I).
In order to decide, the court applies correctly the uniform rules of Rome I Regulation on freedom of choice according to which a contract shall be governed by the law chosen by the parties.
Appeal history (not available in the database):
Court judgment: Jdo.1ªinstancia n.8 y mercantil de León (Spain)
Ref. (LECN) 0000126/2013.
Date:29-11- 2012