Case number and/or case name
Genesis. Roj: SAP PO 3057/2012 - ECLI:ES:APPO:2012:3057
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
13 December 2012
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 occured in Portugal between a Spanish vehicle and a Portuguese one. The Spanish driver is responsible for the damages caused.
Court decision: the court comes to the conclusion that Portuguese law is applicable to the case according to art .4.1 of Rome II Regulation.
The exception contained in art. 4.2 is not applicable.
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 (that is to say, Portugal) 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:
Court decision: Juzgado de 1A.Inst.e instrucción N.2 de TUI. Spain. (first instance)
Date: 26-03-2012