PIL instrument(s)

Case number and/or case name

Logion Consultores S.L.Roj: ATS 9996/2011 - ECLI:ES:TS:2011:9996A Id Cendoj: 28079110012011203187

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

03 October 2011

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. Key facts: European debt payment proceedings. A Spanish company (domiciled in Spain) sue a Bulgarian one (domiciled in Bulgaria) with an establishment in Spain. The services were supplied in Spain. Court decision: According to Regulation nº 1896/06 (12-12-2006), the jurisdiction must be determined according to art. 5.1 of Brussels I Regulation. As a consequence, Spanish courts are competent to decide on the case. In order to decide, the cour applies Brussels I Regulation provisions on special jurisdiction according to which a person domiciled in a Member State may, in another Member State, be sued in the case of the provision of services, in the place of a 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 del Primera instancia 3 de Marbella (Spain) (First instance) Date: 14-03-2011