EUPillar Cajamadrid. Roj: SAP NA 773/2014

Summary

The matter of the following contractual obligations case is an applicable law dispute in Spain based on the application of Rome I Regulation provisions. Key facts: A Spanish consumer request a declaratory relief from the court (annulment of a contract signed with a Spanish bank institution -Cajamadrid-Bankia-). A first instance Spanish court rules in favour of the consumer. Bankia appeals. Court decision: the appeal is rejected by the court. The court takes into account Recitals nº 23 and nº 24 of Rome I Regulation as well as art. 6.1 in order to decide on the case (protection of the weaker party and law applicable to the contract). In addition and in that sense, the court cites CJEU´s case law on consumers’ rights. The court applies correctly the uniform rules of Rome I Regulation on consumer contracts according to which a contract concluded by a natural person for a purpose which can be regarded as being outside his trade or profession (the consumer) with another person acting in the exercise of his trade or profession (that is to say Spanish bank institution Bankia) shall be governed by the law of the country where the consumer has his habitual residence (Spain). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia Nº 1 de Pamplona Spain. (first instance) Date: 31-07-2013