PIL instrument(s)

Case number and/or case name

Loucartex Sociedade de Malhas e Confecçoes Lda.Roj: ATSJ EXT 199/2010 - ECLI:ES:TSJEXT:2010:199A Id Cendoj: 10037310012010200006

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

07 November 2010

Appeal history

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 case is a conflict of territorial jurisdiction between two first instance Spanish courts in the context of an intellectual propriety case. One of the parties asks for an injunctive relief. The parties included an agreement on on jurisdiction to Spanish courts in an intellectual propriety contract signed with a Portuguese company. Court decision: the court decides on the territorial conflict of jurisdiction taking into account art. 23 of Brussels I Regulation (Art. 22 is not applicable to the case). The court determines that the first instance Spanish court competent to decide on the case orders the application of precautionary measures (art. 31 of Brussels I Regulation). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia Nº1 de Cáceres (Spain) (First instance) Date: 27-10-2010