Blanca. Roj: SAP O 2900/2009 - ECLI:ES:APO:2009:2900
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Paragraph 2
SubParagraph c
Paragraph 2
SubParagraph d
Paragraph 3
Date of the judgement
12 November 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a conflict of jurisdiction between French and Spanish courts derived from a dispute between parties (two individuals linked by a services contract). The domicile of the client is located in Spain (defendant´s domicile). The place of performance of the obligation was France (translation services).
Court decision: Spanish courts are competent to decide according to Recital n. 11 of Brussels I Regulation.
In order to decide, the court takes into account the contents of Recitals of Brrussels I Regulation and in particular the principle that jurisdiction is generally based on the defendant's domicile and jurisdiction must always be available on this ground.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número tres de Langreo (Spain) (First instance)
Date: 15-05-2009