Case number and/or case name
Ucabail.Roj: SAP M 5669/2005 - ECLI:ES:APM:2005:5669
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 23
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
16 May 2005
CJEU's case law cited by the court
Summary
Conflict of jurisdiction resolved on the basis of Brussels I Regulation provisions.
The matter of the case is a claim for payment derived from a contract between parties. The parties agreed on an express submission clause of jurisdiction to French courts.
Court decision: Spanish courts are not 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 te database):
Court decision: Juzgado de 1ª Instancia nº 6 de Alcobendas (Spain) (First instance)
Date: 02-12-2003