PIL instrument(s)

Case number and/or case name

SHW Capital Investment (3). Roj: AAP B 7854/2012 - ECLI:ES:APB:2012:7854A Id Cendoj: 08019370192012200122

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

30 October 2012

Appeal history

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 conflict of jurisdiction between Spanish and German courts. The defendants are two German companies linked by contractual obligations. The plaintiff, domiciled in Spain, provided a series of financial services to the defendants in Spain. Court decision: Spanish courts are competent to decide on the case according to art. 5.1 b) 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 matters relating to a contract, 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: Juzgado de Primera Instancia 20 de Barcelona (Spain) (First instance) Date: 14-05-2012