Case number and/or case name
Coris. Roj: SAP PO 2888/2012 - ECLI:ES:APPO:2012:2888
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
06 November 2012
CJEU's case law cited by the court
Summary
Matter of the case is an applicable law dispute 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 nationality of the victims is Portuguese.
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. According to the Regulation, the law applicable to a non-contractual obligation arising out of a tort shall be the law of the country in which the damage occurs 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.
The exception contained in art. 4.2 is not applicable (country of the habitual residence of the person claimed to be liable and the
person sustaining damage at the time when the damage occurs).
The court applies correctly the general rule of Rome II Regulation on torts/delicts.
Appeal history (not included in the database):
Court decision: Juzgado de.1A.Inst.e instrucción N.2 de TUI. Spain. (first instance)
Date: 17-10-2011