Case number and/or case name
Rupprecht Lawyers.Roj: AAP A 159/2010 - ECLI:ES:APA:2010:159A Id Cendoj: 03014370052010200157
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
26 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 case is a conflict of jurisdiction between Spanish and German courts originated by the provision of services by one of the parties for a client domiciled in Germany.
Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case according to art. 16.1 of Brussels I Regulation.
In order to decide, the court applies Brussels I provisions on jurisdiction over consummer contracts which states that a consumer may bring proceedings against the other
party to a contract either in the courts of the Member State in which that party is domiciled or in the courts for the place where the consumer is domiciled.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia Número Cinco de Denia (Spain) (First instance)
Date: 19-11-2009