Tui Travel PLC.Roj: SAP A 152/2014 - ECLI:ES:APA:2014:152
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Paragraph 2
SubParagraph c
Paragraph 2
SubParagraph d
Paragraph 3
Article 2
Paragraph 1
Paragraph 2
Date of the judgement
03 October 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a dispute between two travel and tourism companies concerning the payment of compensation to a family client. The defendant´s domicile is in Spain.
Court decision: The court decides that British courts are not competent to decide on the case. According to Brussels I Regulation, Spanish courts are the competent jurisdiction to decide on the payment of a compensation to the clients The court cites art. 1 provisions (Regulation applicable to civil matters) and art. 2 provisions (jurisdiction based on the defendant´s domicile).
Inorder to decide, the court applies Brussels I Regulation general provisions on jurisdiction, which points to the Member State courts where the person sued is domiciled.