Plus Ultra Insurance Company.Roj: AAP B 1300/2005 - ECLI:ES:APB:2005:1300A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Article 67
Date of the judgement
15 March 2005
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction resolved on the basis of Brussels I Regulation provisions.
Key facts: Commercial matters case. The matter of the case is a commercial dispute in which was involved a foreign insurance company in Spain. The place of performance of the obligation was Spain.In addition, the parties signed a clause of submission to Spanish courts. A first instance Spanish court decided that Spanish courts were not competent to decide on the case.
Court decision: the court decides that Spanish courts are competent to decide on the case according to art. 5.1 of Brussels I Regulation in as much as the place of performance of the obligation was Spain. The court estimates that the clause of submission signed by the parties can be considered as valid according to art. 67 of Brussels I Regulation.
The court makes an effective examination of the formal requirements of Brussels I Regulation concerning the validity of express clauses of submission.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia número 4 de Granollers (Spain) (First instance)
Date: 03-05-2004