Case number and/or case name
Luis Sandiez Díez. Roj: SAP A 3643/2010 - ECLI:ES:APA:2010:3643 Id Cendoj: 03014370052010100394
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
03 November 2010
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. Dispute bwtween two commercial companies.
The matter of the case is a conflict of jurisdiction between Spanish and German courts. The plaintiff objects to the Spanish jurisdiction and alleges that the place where the obligation was performed was Germany.
Court decision: it has been proved that was the place where the obligation was performed (delivery of goods) was in Spain (art. 5.1 a) of Brussels I Regulation), but the jurisdiction is defined according to arts. 2 and 3 of Brussels I Regulation (defendant´s domicile in Spain).
In order to decide,the court applies Brussels I Regulation general provisions on jurisdiction, which points to the Member State courts where the person sued is domiciled.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia Número Uno de Dénia (Spain) (First instance)
Date: 01-09-2009