Case number and/or case name
Vins Duprat. Roj: SAP Z 2611/2009 - ECLI:ES:APZ:2009:2611 Id Cendoj: 50297370042009100324
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Date of the judgement
23 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
The matter of the case is a dispute over a contract for the sale of goods signed between the seller (a Spanish company) and the purchaser (a French company).
Court decision: Art. 5.1 a) and b) of Brussels I Regulation cannot be applied for the parties did not agree on the contract the place where the goods would be submitted.
The court must apply national law to determine this place. The court comes to the conclusion that the goods were submitted to the purchaser in Spain at the time of payment.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número Dos de los de Calatayud. (Spain) (First instance)
Date: 14-04-2009