Case number and/or case name
Nestlé España S.A.Roj: AAP B 8978/2007 - ECLI:ES:APB:2007:8978A
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 22
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
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
15 April 2007
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. Damages in goods caused by a negligent maritime transportation. Dispute on the validity of an express submission clause to the British jurisdiction agreed by the parties (two industrial companies).
Court decision: the court decides that Spanish courts are not competent to decide on the case according to art. 23 of Brussels I Regulation. None of the exclusive forums of art. 22 can be invoked. The clause of submission to British courts can be considered as valid.
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 Primera Instancia nº. 42 de Barcelona (Spain) (First instance)
Date: 21-11-2005