PIL instrument(s)

Case number and/or case name

Trans Daensa S.L.Roj: ATS 5321/2014 - ECLI:ES:TS:2014:5321A

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

02 June 2014

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 a conflict of territorial jurisdiction in Spain resolved according to Brussels I Regulation which refers to the application of an international convention on transport signed by Spain. The goods were unloaded in Vitoria (Spain). Court decision: the court applies Regulation 1896/06 (12-12-2006) which refers to Brussels I Regulation (provisions on jurisdiction). In order to decide, the court takes into account art. 71 and Recital n. 25 of Brussels I Regulation. The court applies the CMR Convention on the contract for the international carriage of goods by road. According to art. 31 of that Convention, the court decides that the court competent to decide on the case is Juzgado de Primera Instancia nº 1 de Vitoria (court of the place where the plaintiff brought the action before justice). Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 1 de Vitoria (Spain) (First instance) Date: 14-02-2013 Court decision: Juzgado de Primera Instancia nº 3 de El Egido (Spain) (First instance) Date: 31-07-2013 Court decision: Juzgado de lo Mercantil nº 1 de Almería (Spain) (First instance) Date: 24-03-2014