PIL instrument(s)

Case number and/or case name

Kaldewei.Roj: AAP B 5389/2006 - ECLI:ES:APB:2006:5389A Id Cendoj: 08019370012006200196

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

19 September 2006

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. Key facts: Commercial matters case. Dispute between two companies originated by the validity of a clause of submission agreed by the parites. The plaintiff alleges that German courts are competent in terms of jurisdiction and alleges the existence of an express submission clause included in a contract between parties. A Spanish first instance court decided that Spain was not competent to decide on the case. Court decision: the court estimates that the first instance court decision must be confirmed. Art. 23 c) of Brussels I Regulation was not infringed. Even if the clause was written in German, the defendant signed the contract and did not express his opposition at that time. The clause was agreed by both parties. In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the recognition of the validity of express clauses of submission. Appeal history (not available in the database): Court decision: Juzgado de 1ª Instancia nº 1 de Barcelona (Spain) (First instance) Date: 19-12-2005