Case number and/or case name
Promophos.Roj: SAP AV 195/2013 - ECLI:ES:APAV:2013:195 Id Cendoj: 05019370012013100195
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
12 June 2013
CJEU's case law cited by the court
Summary
The matter of the following case is an applicable law dispute between two industrial companies in Spain based on the application of Rome I Regulation provisions.
Key facts: One of the companies, domiciled in Lebanon, appeals against a first instance court decision and claims for the application of Lebanon law because this was the place where the services should be provided.
Court decision: the appeal is rejected by the court. Spanish law is applicable to the case according to art. 3 of Rome I Regulation (law chosen by the parties).
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: Juzgado de primera instancia de Arévalo. Spain. (first instance)
Date :14- 01-2013