Case number and/or case name
OST WEST CARGO Gmbh. Roj: AAP B 6545/2008 - ECLI:ES:APB:2008:6545A Id Cendoj: 08019370152008200187
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
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
17 September 2008
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provision.
Key facts: Commercial matters case. Dispute on the validity of an express submission clause contained in the bills of a German company. The plaintiff alleges that this clause in not valid in as much as it has been imposed unilaterally by the company and that it is entirely written in German (a language that he does not understand).
Court decision: Spanish courts are not competent to decide on the case. The express submission clause is valid according to art. 23 of Brussels I Regulation (the plaintiff speaks German and was aware of its content).
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 lo Mercantil nº 5 de Barcelona ( Spain) (First instance)
Date: 15-10-2007