PIL instrument(s)

Case number and/or case name

Alteco Management. Roj: AAP M 10/2014 - ECLI:ES:APM:2014:10A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

03 March 2014

Appeal history

CJEU's case law cited by the court

Summary

The matter of the following commercial matters case is the claim for an injuctive relief in Spain based on the application of Rome I Regulation provisions . Key facts: A Spanish company, ALTECO GESTION Y PROMOCIÓN DE MARCAS. S.L requested the application of precautionary measures against a series of British, French and Spanish bank institutions (suspension of the extra contractual guarantee with a pledge established according to Luxembourg Law). A first instance court ruled in favor of Alteco Gestión y Promoción de Marcas S.L. The bank institutions appeal. Court decision: the appeal is accepted by the court. The pledging agreement between the parties involved is valid. Luxembourg Law is applicable according to art. 3 of the Convention on the law applicable to contractual obligations (Rome 1980) and not according to Rome I Regulation (pledge prior to the entry into force of the Regulation). The court only makes a generic reference to the non application of Rome I Regulation provisions to the case (the court does not cite any particular article of Regulation (EC) No 593/2008). Appeal history (not available in the database): Court decision: Juzgado de lo Mercantil nº 8 de Madrid. Spain. (first instance) Date: 18-10-2012