Case number and/or case name
Unión Musical Ediciones S.L.Roj: AAP M 3760/2008 - ECLI:ES:APM:2008:3760A Id Cendoj: 28079370282008200082
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is the infringement of intellectual property rights and a claim for the damages caused in Spain.
Key facts: Conflict of jurisdiction between French and Spanish courts. A first instance Spanish court decided that Spain was not competent to decide on the case.
Court decision: Spanish courts are competent to decide on the case according to arts. 5.3 and 6.1 of Brussels I Regulation.
The court cites CJEU´s case law on the interpretation of the place where the damage has been done.
The court applies the provisions on special jurisdiction according to which a person domiciled in a Member State may, in another Member State, be sued in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 8 de Madrid. (Spain) (First instance)
Date: 19-06-2006