Case number and/or case name
Proveedores de buques José Antonio Dorta S.L.Roj: AAP TF 4950/2009 - ECLI:ES:APTF:2009:4950A Id Cendoj: 38038370042009200282
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is the application of the European Order for Payment and a dispute between the parties over a claim for payment for the services provided to a ship by a maritime company.
Court decision: the court decides that Spanish courts are competent to decide on the case according to art. 5.1 a) of Brussels I Regulation (Spain was the Member State in which the services were provided, the place where the payment should be done and where the contract obligation was performed).
The court applies Brussels I Regulation special provisions on jurisdiction according to which a person domiciled in a Member State may, in another Member State, be sued in the case of the provision of services, the place in
a Member State where, under the contract, the
services were provided or should have been
provided (that is to say, Spain, in this particular case).
Appeal history (not available in the database):
Court decision:Juzgado de lo Mercantil nº 1 de Santa Cruz de Tenerife (Spain) (First instance)
Date: 22-04-2009