Case number and/or case name
Industrias auxiliares Indaux S.A.Roj: AAP SS 640/2010 - ECLI:ES:APSS:2010:640A Id Cendoj: 20069370032010200111
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Date of the judgement
28 October 2010
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the dispute is a conflict of jurisdiction between two first instance Spanish courts.
Key facts: Commercial matters case relating to a payment proceedings.
Court decision: the court decides on the territorial jurisdiction according to art. 5.1 a) of Brussels I Regulation.
The court applies the provisions on special jurisdiction that state that a person domiciled in a Member State may, in another
Member State, be sued in matters relating to a contract, in the courts for the place of performance of the obligation in question.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número 1 DE AZPEITIA (Spain) (First instance)
Date: 12-10-2010