The following is a non-contractual obligations case transacted in Spain and based on the application of Rome II Regulation and Brussels I Regulation provisions.
Key facts: Case on unfair competition between a British company and a Spanish one. There is an agreement on jurisdiction to British courts agreed by the parties previously.
Court decision: the concept of extra contractual liability referred to by Rome II Regulation is interpreted by the court in order to decide on the case.
The court comes to the conclusion that Spanish courts must decline their jurisdiction in as much as British courts are competent to decide on the case, according to art. 23 of Brussels I Regulation.
Art. 6.1 of Brussels I Regulation is not applicable.
The court cites CJEU´s case law on extra contractual liability (Date: 27-091988, C-189/87, Kalfelis; 11-07-2002, C-96/00, Rudolf Gabriel and C-334/00,Tacconi (17-09-2002)) and on the application of art 6.1 of Brussels I Regulation (Date: 22-05-2008:C-462/06, Jean-
Pierre Rouard vs. Glaxosmithkline and Laboratoires Glaxosmithkline).
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 included in the database):
Court decision: Juzgado de lo Mercantil nº 7 de Madrid. Spain. (first instance)
Date: 14-01-2010