Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a dispute on a defective transportation of goods. The transportation company is based in Denmark. The parties agreed on a clause of submission to British courts included in a bill of lading.
Court decision: Spanish courts are not competent to decide on the case according to art. 23 of Brussels I Regulation. The court considers it proved that the clause of submission to British courts was valid.
In order to decide, 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 validity of clauses of submission (Case 24/76, Colzani vs.. Rüwa, Date: 14-12-1976, Case 150/80, Elefanten Schuh GmbH vs. Jacqmain, Date: 24-05-1981, Case 71/83 , Russ. vs. Nova-, Date: 19-06-1984, Case 23/78 , Meeth vs. Glacetal, Date: 9-11-1978, Case 56/79 , Zelger vs. Salinitri- Date: 17-01-1980).
Appeal history (not available in the database):
First instance court: Juzgado de lo Mercantil núm. 3 de Madrid. Spain
Date: 20-02-2014