PIL instrument(s)
Brussels I
Case number and/or case name
International Leisure. Roj: SAP Z 439/2012 - ECLI:ES:APZ:2012:439 Id Cendoj: 50297370052012100090
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
19 February 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction raised before Spanish courts and based on the application of Brussels I Regulation provisions. Key facts: Commercial matters case. The matter of the case is a dispute between two comercial companies in Spain. The services were supplied in Spain. Court decision: the court estimates that Spanish courts are competent to decide according to art. 5.1 of Brussels I Regulation. 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 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: JDO. PRIMERA INSTANCIA N. 3 de ZARAGOZA (Spain) (First instance) Date: 27-06-2011

This website is written and maintained by the University of Aberdeen's Research Applications and Data Management Team