The judgement of court appeal of Guimarães, Portugal n. 733/18, and the impact of Brussels ibis regulation on the trial.

Abstract

The purpose of this paper is, when carring out the study of the Judgment of Court of Appeal of Guimarães n. 733/18, to address from a global perspective, the rules of both the international private law and the international jurisdiction. The trial illustrates a commercial controversy involving two Member States of the European Union, Portugal and Spain. When the dispute arises in the transaction, the first issue that is addressed is to establish which jurisdiction is competent to hear the case, which requires the application of the international private law and especially the Brussels Regulation. The paper will analyze, with the study of the laws applicable to the case, the doctrine and the jurisprudence, the basis of international competence. It will also analyze the controversial characterization of the purchase and the sale contract and the service provision contract and how the European Court of Justice has ruled it in similar cases.