Case number and/or case name
Velsatis Car. Roj: SAP SS 919/2010 - ECLI:ES:APSS:2010:919
Details of the court
Spain, Second Instance
Articles referred to by the court
Rome II
Article 4
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
26 April 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: a car accident in which was involved a Spanish truck transporting two vehicles from Germany to Portugal. The accident happened in Spain.
The insurance company fined in first instance alleges that the law applicable must be the Spanish one according to art. 4 of Rome II Regulation.
Court decision: the appeal is accepted.
The court comes to the conclusion that Spanish law is applicable to the case according to art. 4 of Rome II Regulation.
The court applies correctly 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):
Court decision: 1ª Inst. e Instrucc. nº 2 (Tolosa) Tolosa (Gipuzkoa.). Spain. (first instance)
Date: 28-09-2009