PIL instrument(s)

Case number and/or case name

Pirelli &amp.Roj: AJM B 49/2008 - ECLI:ES:JMB:2008:49A Id Cendoj: 08019470052008200003

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

10 November 2008

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. Key facts: ommercial matters case. The court declines its jurisdiction to decide on the principal issues of the case but accepts the application of precautionary measures. The plaintiff appeals before the court. Court decision: the judgement is confirmed. Spanish courts are competent to decide on the application of precautionary measures (a bond) according to art 31 of Brussels I Regulation. The court applies Brussels I Regulation provisions on the application of provisional measures that states that application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.