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.
Court decision: Spanish courts are competent to decide on the case according to art. 21 of Brussels I Regulation.
The court applies Brussels II a Regulation provisions on exclusive jurisdiction, in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or of the validity of the decisions of their organs. In those cases, the competent jurisdiction will be the courts of the Member State in which the company, legal person or association has its seat.