Intercoastal Shipowners P &.Roj: AJM C 50/2006 - ECLI:ES:JMC:2006:50A Id Cendoj: 15030470012006200003
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Paragraph 2
SubParagraph c
Paragraph 2
SubParagraph d
Paragraph 3
Date of the judgement
21 May 2006
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: Commercial matters case. Conflict of jurisdiction between Spain and the UK. Dispute originated by the validity of a clause of submission agreed by the parties (two comercial companies). The defendant does not accept the Spanish jurisdiction and alleges that the parties agreed on an express submission clause on jurisdiction to British courts.
Court decision: the court decides that Spanish courts are competent to decide on the case according to Brussels I Regulation. The clause was included in the general conditions of the insurance contract, but not in the particular clauses. The court estimates that it has not been proved that the plaintiff had accepted that express submission clause.
In order to decide, the court makes an effective examination of the formal and material requirements of Brussels I Regulation on the validity of express clauses of submission.