Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a conflict of jurisdiction between Spanish and German courts originated by a dispute concerning an agency contract. The parties, two comercial companies, included in this contract an express clause of submission to the German courts. A first instance Spanish court decided that Spain was not competent to decide on the case.
Court decision: the court decides that Spanish courts are competent to decide on the case according to arts. 5.5 in as much as the domicile of the agency sued is located in Spain, and 59.5 of Brussels I Regulation.
The court applies Brussels I Regulation special provisions on jurisdiction as regards a dispute arising out of the operations of a
branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia 34 de Barcelona (Spain) (First instance)
Date: 11-04-2007