BBVA S.A.Roj: ATS 6632/2008 - ECLI:ES:TS:2008:6632A Id Cendoj: 28079110012008202808
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
SubParagraph a
Paragraph 7
SubParagraph b
Date of the judgement
20 July 2008
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a claim for payment related to the issuance of a credit card in Spain. Spain is the place where the obligation should be performed.
Court decision: Spanish courts (first instance courts) are competent to decide according to art. 5 of Brussels I Regulation (Spain is the place where the obligation should be performed).
The court applies Brussels I Regulation special provisions on jurisdiction, that state that a person domiciled in a Member State may, in another Member State, be sued
in matters relating to a contract, in the courts for the place of performance of the obligation in question.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 4 de Bilbao (Spain) (First instance)
Date: 2008