Case number and/or case name
Gráficas Aguirre. Roj: AAP M 16975/2012 - ECLI:ES:APM:2012:16975A
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
Date of the judgement
18 October 2012
CJEU's case law cited by the court
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 dispute over a contract for the sale of goods and the application of the European debt for payment proceedings. A first instance Spanish court decided that Spain was not competent to decide on the case according to national law provisions in as much as the defendant´s domicile was not located in Spain.
Court decision: Spanish courts are competent to decide on the case according to art. 5.1 of Brussels I Regulation (referred by Regulation 861/2007) in as much as Spain was the place of performance of the obligation.
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.
Court decision: Juzgado de Primera Instancia
Núm. 45 de Madrid (Spain) (First instance)
Date: 22-12-2012