Case number and/or case name
Lucio vs. César.Roj: SAP LE 354/2008 - ECLI:ES:APLE:2008:354 Id Cendoj: 24089370032008100129
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
06 May 2008
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions
Key facts: Commercial matters case. Examination by the court of liability actions. The matter of the case is a conflict of jurisdiction between Spanish and Portuguese courts originated by a dispute between the parties. The defendant is domiciled in Portugal.
Court decision: Spanish courts are competent to decide on the case as to the assessment of liability actions according to arts. 2, 4 and Recital n. 11 of Brussels I Regulation (the defendant´s domicile is in Portugal).
The court applies Brussels I Regulation general provisions on jurisdiction, which points to the Member State courts where the person sued is domiciled.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº. 1 de La Beñeza (Spain) (First instance)
Date: 27-07-2006