Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the facts is a dispute over the right to information and the right to honour violation. The parties are Real Madrid Football Club and a French journal, Le Monde.
Court decision: the court decides that, according to art 5.3 of Brussels I Regulation, Spanish courts are competent to decide on the case in as much as the place where the harmful event manifestly occurred was Spain.
The court cites CJEU´s case law on the interpretation of art. 5.3 of Brussels I Regulation.
In order to decide, the court applies Brussels I Regulation special provisons on jurisdiction which state that a person domiciled in a Member State may, in another Member State, be sued in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia núm. 19 de Madrid (Spain). (First instance)
Date: 27-02-2009