Case number and/or case name
Fiatc Mutua de Seguros y Reaseguros vs. Axa Winterthur Seg 554/2010. Ref: JUR\2010\382612 uros.
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
28 October 2010
CJEU's case law cited by the court
Summary
The matter of the case is an applicable law dispute in Spain on the basis of Rome II Regulation provisions.
Key facts: the controversy has to do with the damages caused in a truck accident in Belgium. The truck was Spanish. A first instance Spanish court determined that Belgian law was applicable to the case. One of the parties -an insurance company- appeals and alleges that Belgium law is not applicable.
Court decision: the appeal is rejected by the court. The court comes to the conclusion that Belgian law is applicable to the case according to art. 4.1 of Rome II Regulation.
The court applies the general rule of Rome II Regulation on torts according to which the law
applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the country in which the damage occurs irrespective of the country in which the event giving rise to the damage occurred and irrespective of the country or countries
in which the indirect consequences of that event occur.
Appeal history (not included in the database):
Juzgado de Primera Instancia núm. 56 de Barcelona. Spain. (first instance court decision)
Date: 14-09-2009