Spain court jurisdiction

I am sorry if I post this message to the wrong thread, I'll appreciate any link which is more applicable. I do not know Spanish language, so it is hard for me to find more appropriate and native Spanish lawyer forum.

I represent a Russia-based company. We provide services for a Spain-based company, some time ago the Spanish company stopped paying to us, we warned them that we will claim our debt in a court. After that they started pressing us and threaten to put a counter claim into a court. I do want to know which court do they have a right to put the claim to according to Spanish laws? The contract between us have a provision "This Agreement and the obligations of the parties hereunder shall be interpreted, construed and enforced be governed and construed by the laws of the state of Russian Federation". Will it be enough for a Spanish court to refuse the claim, so they will be required to send the claim to Russia?

What type of services you provide?

We provide services of software development. According to Russian laws the claim has to be put into the Russian court, because the services were provided on the territory of Russia. But I do not know the Spanish laws, they may have other statements.

The Spanish jurisdiction may be applicable if you offer your services through  the online system and sepcifically to the spanish matket and you contacted the consumer by email.

Provided the company can be considered a consumer : mainly if his area of expertise is out of the software realm.

Hope this helps!

Maria

Maria, thank you for your replies.

We acted as a sub-contractor, e.g. the Spanish company is also a software development company, they develop custom software products and sell their own software products. They outsourced most of the work on some projects to us. So I believe they cannot be considered as consumers.

Regarding the other signs in your post: yes, we contacted with them by e-mail and delivered all results of our work through Internet: sometimes they downloaded it from our servers (hosted in Russia), sometimes we uploaded it to their servers (hosted in Germany)

So, according to your post, the Spanish jurisdiction is not applicable in my case, is it?

--

Roman

I would say it is not.

Maria