Case number and/or case name
Catalana Occidente Insurance Company.Roj: SAP V 619/2004 - ECLI:ES:APV:2004:619 Id Cendoj: 46250370072004100067
Summary
Conflict of jurisdiction raised before Spanish courts and resolved by means of the application of Brussels I Regulation provisions.
Key facts: Conflict of jurisdiction between Spain and France. Commercial matters case.The parties agreeded to include an express submission clause to French courts in an insurance contract signed by the parties.
Court decision: the court estimates that Spanish courts are not competent to decide on the case according to art. 23 c) of Brussels I Regulation.
The court applies correctly 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 (French courts, in this particular case).
The court comes to the conclusion that the agreement conferring jurisdiction was valid for international trade or commerce, it was performed in a form which accords with a usage of which the parties are or ought to
have been aware and which in such trade or commerce is widely known to, and regularly observed by.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia Nº 16 de Valencia (Spain) (First instance)
Date: 15-09-2003