Case number and/or case name
Euro Insurances. Roj: SAP CC 264/2013 - ECLI:ES:APCC:2013:264
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
10 April 2013
CJEU's case law cited by the court
Summary
Applicable law dispute on the basis of Rome II Regulation provisions. The matter of the case is a car accident in Portugal. Euro Insurances, an insurance company, must pay a compensation for the damages caused to three Spanish individuals.
Court judgment: the court comes to the conclusión that Portuguese law is applicable to the case according to art. 4 of Rome II Regulation.
The court applies the provisions of Rome II Regulation on the law applicable to a non-contractual obligation arising out of a tort. The court finds that this one should be the law of the country in which the damage occurs (Portugal), 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.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia núm. 3 de Cáceres. Spain. (First instance)
Date: 22-01-2013