PIL instrument(s)

Case number and/or case name

Pedro vs. José Ramón. Roj: SAP IB 1275/2013 - ECLI:ES:APIB:2013:1275

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

11 March 2013

Appeal history

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 the sale of an immovable property located in Spain. The contract was signed by the parties (two German citizens) in Germany. There is an agreement on jurisdiction to German courts agreed by the parties. A first instance Spanish court decides that Spain is competent to decide on the case. The plaintiff appeals and alleges the application of arts. 23.5 and 26.1 of Brussels I Regulation. Court decision: Spanish courts are competent to decide according to arts. 22.1 and 6.4 of Brussels I Regulation. The plaintiff´s allegations are not taken into consideration. The court considers that the agreement on jurisdiction did not fulfil the formal requirements. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia número 2 de Ibiza (Spain) (First instance) Date: 17-04-2009