Case number and/or case name
Unico International Development S.L.Roj: AAP M 809/2013 - ECLI:ES:APM:2013:809A
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
17 January 2013
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 dispute on the validity of an agreement on jurisdiction to Moroccan courts. between parties. The defendant is a company domiciled in Spain. A first instance Spanish court decided that Spain was not competent to decide on the case.
Court decision: Spanish courts are competent to decide on the case according to arts. 2 and 3.1 of Brussels I Regulation (defendant´s domicile in Spain).
The court applies Brussels I Regulation general provisions on jurisdiction, which points to the Member State courts where the person sued is domiciled.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 82 de Madrid (Spain) (First instance)
Date: 04-07-2012