Case number and/or case name
Maxergón 2000 S.L.Roj: AAP CS 651/2012 - ECLI:ES:APCS:2012:651A Id Cendoj: 12040370032012200130
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 28
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
16 September 2012
CJEU's case law cited by the court
Summary
Key facts: Dispute on commercial matters raised before Spanish courts. Conflict of jurisdiction. Lis pendens. Application of Brussels I Regulation provisions to the case.
The matter of the case is a jurisddiction conflict between Spanish and Italian courts on a preliminary ruling which is pending from an Italian court. There is a also second judicial procedure already started in Spain on the same cause.
Court decision: the court estimates that following art. 28 of Brussels I Regulation, the Spanish court must stay its proceedings and wait for the Italian preliminary ruling.
In order to decide the court applies Brussels I Regulation provisions on lis pendens and related action, according to which where related actions are pending in the courts of
different Member States, any court other than the court first seised may stay its proceedings.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia
número 4 de Castellón (Spain) (First instance)
Date: 27-01-2012