Case number and/or case name
Groupama Seguros.Roj: SAP B 14699/2009 - ECLI:ES:APB:2009:14699
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 28
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
15 September 2009
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: Commercial matters case. Dispute on the determination of responsibility derived from an insurance contract.
The matter of the case is a conflict of jurisdiction between German and Spanish courts. The plaintiff alleges the existence of lis pendens (another proceedings initiated in Germany).
Court decision: Spanish courts are competent to decide on the case. Art. 28 of Brussels I Regulation is not applicable (there is no risk of irreconcilable judgments resulting from separate proceedings in as much as the action has been brought before the German jurisdiction by a different party and because the substance of the proceeding is different).
Appeal history (not available in the database):
Court decision: Juzgado Mercantil Cinco de Barcelona (Spain) (First instance)
Date: 26-09-2009