The place of performance of the obligation with regard to international sale of goods as an attributive criterion of jurisdiction in the Brussels system (AAP Barcelona 17 noviembre 2020)
DOI:
https://doi.org/10.20318/cdt.2021.6286Keywords:
matters relating to a contract, jurisdiction, Brussels I Regulation Recast, place of performance, international sale of goods, Private international law (PIL)Abstract
the judgment commented denies appeal filed against the Order of Instance that appreciated
the defendant´s contest the jurisdiction in relation to the Spanish jurisdiction in favour of Austrian
courts, in a case of alleged breach of an international contract for the sale of goods, signed between a
Spanish company and another Austrian. Among the grounds for appeal, the appellant alleges the violation
of article 4.1 of the Rome I Regulation, and the erroneous application of the provisions of articles
5 and 7 of the Brussels I Regulation Recast, mixing and confusing issues addressed by private international
law and consequently substantiating their claim erroneously. The Provincial Court of Barcelona confirms the resolution of instance, with a correct reasoning about the rule of jurisdiction of art. 7.1 letter
b) of the Brussels I Regulation recast, with a quite adequate use of the doctrine of the CJEU.
Downloads
