EUPillar Clerigues S.L. (2).Roj: SAP V 92/2008 - ECLI:ES:APV:2008:92 Id Cendoj: 46250370092008100001

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. The matter of the case is a conflict of jurisdiction between Spanish and German courts. A first instance Spanish court decided that German courts were competent to decide on the case, a dispute concerning a supply contract. The defendant is domiciled in Germany. Court decision: Spanish courts are competent to decide according to art. 5.1 a) of Brussels I Regulation. The court estimates that the contract signed by the parties is not a supply contract but a distribution one and that Spain was the place where the obligation should be performed. The court applies Brussels I Regulation spacial provisions on jurisdiction, that state that a person domiciled in a Member State may, in another Member State, be sue 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 E INSTRUCCION NUMERO 3 DE PATERNA (Spain) (First instance) Date: 18-10-2006