Pedro.Roj: AAP B 6571/2008 - ECLI:ES:APB:2008:6571A Id Cendoj: 08019370162008200169
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
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SubParagraph b
Indent 1
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SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Paragraph 2
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SubParagraph a
Paragraph 7
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Date of the judgement
08 October 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.
Key facts: provision of services (consulting services) in Spain by an expert living in Italy. The matter of the case is a dispute concerning the court competent to decide on a payment proceedings.
Court decision: Spanish courts are not competent to decide on the payment proceedings.
Art. 5 of Brussels I Regulation is not applicable to the case. The court states that Spanish courts would be competent to decide according to Regulation (CE) 1.896/2006 (Date: 12 -12- 2006) but this legal instrument had not entered into force at the time the controversy was brought before the court.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº 36 de Barcelona (Spain) (First instance)
Date: 11-07-2007