Luis Pedro vs. Juan Francisco.Roj: AAP M 9270/2009 - ECLI:ES:APM:2009:9270A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
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Indent 2
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Date of the judgement
22 July 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.
Key facts: The plaintiff started a payment proceeding in Spain. He appeals against a first instance Spanish court and alleges that Italian –and not Spanish- courts must be the competent jurisdiction to decide on the case. The defendant´s domicile is in Italy. The debtor´s domicile is in Spain.
Court decision: the rules and principles contained in art.5 of Brussels I Regulation are not applicable to the case in as much as the plaintiff decided to initiate a special proceeding (payment proceeding) which must be ruled according to national law. Spanish rules attribute the jurisdiction to the court of the place where the debtor lives (Spain in that case).
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº 5 de MAJADAHONDA (Spain) (First instance)
Date: 14-07-2008