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)

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.