Rona Gastro S.L.Roj: SAP V 5749/2013 - ECLI:ES:APV:2013:5749
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
SubParagraph a
Paragraph 7
SubParagraph b
Article 26
Paragraph 1
Date of the judgement
10 November 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 conflict of jurisdiction between Spain and the Czech Republic. The parties agreed on the application of the Czech law. In first instance, the defendant did not enter an appearance before the Spanish court competent to decide on the case but did it in an ulterior phase of the proceedings.
Court decision: Spanish courts are competent to decide on the case according to art. 5 and 26. 1 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 courts for the place of performance of the obligation in question.
Appeal history (not available in the database):
Court decision: JUZGADO DE PRIMERA INSTANCIA E INSTRUCCION NUMERO 6 DE LLIRIA (Spain) (First instance)
Date: 18-12-2012