Case number and/or case name
Julieta. Roj: SAP A 927/2005 - ECLI:ES:APA:2005:927
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
21 March 2005
CJEU's case law cited by the court
Summary
Conflict of jurisdiction on the basis of Brussels I Regulation provisions.
The matter of the case is a claim for payment. The parties agreed to sign an express clause of submission to Spanish courts. The plaintiff alleges that the clause of submission entered into force after the dispute had arisen (art. 17.1 of Brussels I Regulation) and as a consequence, thos one cannot be considered as valid.
Court decision: the court estimates that the allegations of the claimant cannot be taken into consideration in as much as it has been proved that the express clause of submission entered into force before the dispute had arisen.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia Núm. 9 de Alicante (Spain) (First instance)
Date: 29-09-2004