PIL instrument(s)

Case number and/or case name

Genesis (2). Roj: SAP PO 3057/2012 - ECLI:ES:APPO:2012:3057

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

26 March 2012

Appeal history

CJEU's case law cited by the court

Summary

Applicable law dispute in Spain on the basis of Rome II Regulation provisions. The matter of the case is 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 provisions of Rome I Regulation on the law applicable to a non-contractual obligation arising out of a tort. The court finds that this oneshould 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 court applies correctly the general rule of Rome II Regulation on torts/delicts.