PIL instrument(s)

Case number and/or case name

Grupama Seguros y Reaseguros. Roj: AAP V 191/2004 - ECLI:ES:APV:2004:191A Id Cendoj: 46250370112004200044

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

08 September 2004

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction on the basis of Brussels I Regulation provisions.Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain. Key facts: Commercial matters case. Conflict of jurisdiction between French and Spanish courts. The parties expressily agreed to submit the dispute to French courts in a clause of submission included in an insurance contract. Court decision: French courts are competent to decide on the case according to art. 23 of Brussels I Regulation. The court applies Brussels I Regulation provisions on jurisdiction when the parties, one or more of whom is domiciled in a Member State, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship. In that case, that court or those courts shall have jurisdiction. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia núm. 12 de Valencia (Spain) (First instance) Date: 28-01-2004