Maximiliano. Roj: AAP IB 415/2011 - ECLI:ES:APIB:2011:415A Id Cendoj: 07040370042011200071
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 3
Paragraph 1
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
Date of the judgement
13 November 2011
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 of the case is a conflict of jurisdiction between French and Spanish courts.
Key facts: Commercial matters case. Dispute between two commercial companies. Dispute on the place the defendants are domiclied.
Court decision: Spanish courts are not competent to decide on the case according to arts. 3.1 and 5 of Brussels I Regulation. It has been proved that all of the defendants were domiciled in France. The obligation was not originated neither performed in Spain.
Appeal history (not available in the database):.
Court decision: Juzgado de Primera Instancia nº 4 de Palma (Spain) (First instance)
Date: 22-11-2010