EUPillar Giant Bikes Ibérica.Roj: SAP SS 898/2007

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. Key facts: commercial matters case. Dispute between two companies on the place of the court of the Member State in which the legal proceedings were to take place. The claimant alleges the validity of a clause of submission to foreign courts. The place of performance of the obligation was in Spain. Court decision: the court decides that Spanish courts are competent to decide according to art. 5.1 a) of Brussels I Regulation (place of performance of the obligation in Spain). Art. 23 of that regulation cannot be alleged (there is no proof of a written or oral express submission clause to another jurisdiction). 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. The court applies the provisions on special jurisdiction according to which a person domiciled in a Member State may, in another Member State, be sued in matters relating to a contract, in the courts for the place of performance of the obligation in question. Appeal history (not available in the database): Court decision: el Juzgado de Primera Instancia número 2 de SAN SEBASTIAN (Spain) (First instance) Date: 29-09-2006