Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is an intellectual property dispute in the context of an unfair competition case with two co-defendants: a Spanish company and an Italian one domiciled in Italy.
Court decision: Spanish courts are competent to decide on the case only as to the Spanish defendant according to art. 6.1 and Recital n. 11 of Brussels I Regulation.
The court does not appreciate that the claims that could be sought before the Spanish and the Italian jurisdiction are so closely connected as to run the risk of irreconcilable judgments resulting from separate proceedings.
Appeal history (not available in the database):
Court decision: Juzgado n.º 1 de Dibujos y Modelos Comunitarios (Spain) (First instance)
Date: 16-01-2013