Comunicaciones al DO nº C-646/18 of Tribunal de Justicia, Sala Sexta, January 04, 2019
Resolution Date | January 04, 2019 |
Issuing Organization | Sala Sexta |
Decision Number | C-646/18 |
Petición de decisión prejudicial presentada por el Juzgado de lo Mercantil de Gerona (España) el 15 de octubre de 2018 - OD / Ryanair D.A.C.
(Asunto C-646/18)
Lengua de procedimiento: español
Órgano jurisdiccional remitente
Juzgado de lo Mercantil de Gerona
Partes en el procedimiento principal
Demandante: OD
Demandada: Ryanair D.A.C.
Cuestiones prejudiciales
¿El foro de la sumisión tácita previsto y regulado en el artículo 26.1 del Reglamento (UE) nº 1215/20121 exige algún elemento objetivo de conexidad entre el objeto del litigio o el domicilio del demandante con el tribunal en que se presenta la demanda?
¿El foro de la sumisión tácita previsto y regulado en el artículo 26.1 del Reglamento (UE) nº 1215/2012 exige, en todos sus aspectos, una interpretación autónoma y común para todos los Estados miembros? ¿Y, por tanto, no puede estar condicionada por las limitaciones que establezcan las normas de competencia judicial interna de los Estados miembros, como sería su falta de validez en procesos que por razón de su escasa cuantía deben decidirse por los trámites del juicio verbal según la Ley de Enjuiciamiento Civil española?
[1] Reglamento (UE) n ° 1215/2012 del...
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