Case number and/or case name
Innovacions Ramaderes. Roj: SAP T 479/2012 - ECLI:ES:APT:2012:479 Id Cendoj: 43148370032012100079
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
04 March 2012
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 French and Spanish courts.
Key facts: Lis pendens alleged by the plaintiff. Commercial matters case.
Court decision: the allegations of the plaintiff cannot be taken into consideration. The court does not appreciate the existence of another judicial process pending in France (art. 27.1 of Brussels I Regulation). It was proved that the proceedings in France were already closed.
As a consequence Spanish courts are able to decide on the case according to art. 2 of Brussels I Regulation.
In order to decicde, the court applies Brussels I Regulation provisions on general jurisdiction.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia e Instrucción número 1 de Tortosa (Spain) (First instance)
Date: 14-06-2011