The matter of this commercial matters case is a responsibility claim for the damages caused during the transportation of a series of goods by the outsourced worker of a mining company.
Key facts: The plaintiff (a Spanish mining company) appeals against an unfavourable first instance court decision that determined its contractual liability.
Court decision: the appeal is rejected by the court.The court takes into account the concept of contractual and non-contractual obligations referred to by Rome II Regulation in order to decide on the liability of the parties. In addition, the court cites CJEU´s case law on extra-contractual liability.
The court comes to the conclusion that the company allegations cannot be taken into consideration (extra- contractual liability of an outsourced worker).
The court only makes a generic reference to the application of Rome II Regulation provisions to the case (the court does not cite any particular article of Regulation (EC) No 864/2007).
Appeal history (not available in the database):
Court judgment: Juzgado de Primera Instancia nº 7 de Bilbao (Spain) (Ref.: 353/2013). Year: 2013