Case number and/or case name
Reale Seguros Generales. Roj: SAP M 13736/2012 - ECLI:ES:APM:2012:13736 Id Cendoj: 28079370202012100371
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 9
Paragraph 1
SubParagraph b
Paragraph 2
Date of the judgement
18 April 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 car accident in Tanzania and the damages caused to a Spanish victim. The insurance companies of the parties are domiciled in Spain (one of them is a British insurance company with an establishment in Spain). The victim has her habitual residence in Spain.
Court decision: Spanish courts are competent to decide according to arts. 11.1, 9.1 b) and 9.2 of Brussels I Regulation. The court also takes into account the content of Recital n. 13 of that Regulation and cites Court of Justice of the European Union´s case law in that sense (weaker party protected by rules of jurisdiction more favourable to his interests than the general rules provide for).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 77 de Madrid (Spain) (First instance)
Date: 22-11-2010