PIL instrument(s)

Case number and/or case name

Intercoastal Shipowner &amp.Roj: AAP PO 367/2007 - ECLI:ES:APPO:2007:367A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

04 December 2007

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction based on the application of Brussels I Regulation provisions. The matter of the case is a dispute concerning the validity of an express clause of submission to the British jurisdiction included in an insurance contract, among the general clauses. The plaintiff objects and alleges he did not sign that clause. Court decision: the court estimates that Brussels I Regulation is applicable to the case (art. 13 of that regulation refers to insurance contracts). Nevertheless, Spanish courts are not competent to decide on the case according to 23.1 c) of Brussels I Regulation (the submission to the British courts has been expressed in a form which accords with a usage of which the parties ought to have been aware). Appeal history (not available in the database): Court decision: el Juzgado Mercantil núm. 1 de Pontevedra (Spain) (First instance) Date: 17-04-2007