Capensis Trade S.L.Roj: SAP PO 2078/2007 - ECLI:ES:APPO:2007:2078 Id Cendoj: 36057370062007100357
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 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
30 July 2007
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.
The matter of the case is a dispute between two companies originated by a claim for payment. The domicile of the defendant is in the United Kingdom. There is an agreement on jurisdiction between parties which agreed to submit the controversy to the British jurisdiction.
Court decision: the court estimates that Spanish courts are not competent to decide according to arts. 5.1 and 23 of Brussels I Regulation and Recital n.11. The court cites CJEU´s case law in that sense (interpretation of art. 5.1 and agreements on jurisdiction between parties).
The court applies Brussels I Regulation general provisions on jurisdiction, which points to the Member State courts where the person sued is domiciled.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia núm. 6 de Vigo (Spain) (First instance)
Date: 20-02-2006