PIL instrument(s)
Rome II
Case number and/or case name
Protein Supplies.Roj: SAP B 5957/2014 - ECLI:ES:APB:2014:5957
Details of the court
Spain, Second Instance
Articles referred to by the court
Rome II
Article 4
Paragraph 1
Paragraph 2
Paragraph 3
Article 6
Paragraph 1
Paragraph 2
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 4
Date of the judgement
11 June 2014
Appeal history
None
CJEU's case law cited by the court
None
Summary
Matter of the case is an applicable law dispute in Spain on the basis of Rome II Regulation provisions. Key facts: commercial matters and unfair competition case between a former worker and Protein Supplies S.L., a Spanish comercial company. The former worker of the Spanish company is providing services in Serbia at present time. Court decision: Arts. 6 and 4 of Rome II Regulation are not applicable for the services are exclusively provided by the former worker in Serbia. The court insists that the former worker´s commercial activity is performed only in Serbia. The court comes to the conclusion that Spanish unfair competition law is not applicable to the case. Appeal history (not available in the database): Court decision: Juzgado Mercantil nº 3 de Barcelona. Spain. Date: 02-04-2013.

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