Ramos & amp. Roj: AAP B 4712/2010 - ECLI:ES:APB:2010:4712A Id Cendoj: 08019370162010200119
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
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
SubParagraph a
Paragraph 7
SubParagraph b
Article 6
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
19 October 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter if the case is a conflict of jurisdiction between France and Spain. Key facts: commercial matters case. Dispute between two commercial companies. The place where the services should be provided is Spain.
Court decision: The court examines the rules on jurisdiction (art. 6 of Brussels Regulation) and comes to the conclusion that Spanish courts are competent to decide according to art. 5 of Brussels I Regulation.
In order to decide, the court applies special provisions on jurisdiction which state that a person domiciled in a Member State may, in another Member State, be sued in the case of the provision of services, in the Member State where, under the contract, the services were provided or should have been provided.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 50 de Barcelona (Spain) (First instance)
Date: 12-04-2010