Case number and/or case name
Gestitram Soluciones S.L.Roj: SAP B 672/2014 - ECLI:ES:APB:2014:672
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Article 22
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
27 January 2014
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 contractual dispute and a claim for payment. The obligation should be performed in Spain.
Court decision: the court examines arts. 2 and 5.1 a) of Brussels I Regulation and comes to the conclusion that Spanish courts are competent to decide on the case according to art. 5.1 a) of that Regulation in as much as the obligation (payment in relation to a contractual obligation) had to be performed in Spain. Art. 22 of Brussels I Regulation is not applicable.
Appeal history (not available in the database):
Court decision: Juzgado Mercantil nº 8 de Barcelona (Spain) (First instance)
Date: 06-11-2012