Case number and/or case name
Repsol. Roj: AJM M 23/2013 - ECLI:ES:JMM:2013:23A
Details of the court
Spain, First Instance
Articles referred to by the court
Date of the judgement
05 July 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 an unfair competition situation between a Spanish company (Repsol) and an Argentinean one. The companies disagree on the law applicable to the case.
Court decision: the court comes to the conclusion that Spanish law is applicable to the case according to art. 6.1 of Rome II Regulation.
The court applies the provisons of Rome II Regulation on the law applicable to a non-contractual obligation arising out of an act of unfair competition. The court estimates that this one should be the law of the country where competitive relations or the collective interests of consumers are, or are likely to be affected (Spain).
The court makes a correct interpretation of Rome III Regulation provisions on unfair competition and acts restricting free competition.