EUPillar Choice Money. Roj: AAP M 18798/2012 - ECLI:ES:APM:2012:18798A Id Cendoj: 28079370142012200196

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. Key facts: Commercial matters case. The matter of the case is a conflict of jurisdiction between Spanish and British courts and a dispute on the determination of the place of performance of an obligation.. A first instance Spanish court decided that either British or Irish courts were competent to decide on the case. The defendant was free to chose between these two jurisdictions. Court decision: the court examines Recitals 8, 11 and 12 of Brussels I Regulation but comes to the conclusion that Spanish courts are competent to decide according to art. 5.1 a) of that Regulation. The court presumes that the place where the obligation was performed was Spain (agreed on an oral contract between the parties). In order to decide, the court 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 matters relating to a contract, in the courts for the place of performance of the obligation in question. Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia nº 87 de Madrid (Spain) (First instance) Date: 01-03-2012