Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: Commercial matters case.
The matter of the case is a dispute on the validity of an express clause of submission introduced in a bill of lading and a conflict of jurisdiction between Spanish and French courts.
Court decision: the court estimates the validity of the express clause of submission contained in a bill of lading according to art. 23.1 of Brussels I Regulation. It was proved that the claimant was aware of that clause which attributed the jurisdiction to French courts. As a consequence, the Spanish court declines its jurisdiction.
The court makes an effective examination of the formal requirements of Brussels I Regulation for the recognition of the validity of express clauses of submission.
The court cites CJEU´s case law on the formal conditions of express clauses of submission (Cases: C-150/80. Date: 24-06-1981 and C-159/97 Date: 16-03-1999).