Case number and/or case name
Romeu &. Roj: SAP V 5690/2008 - ECLI:ES:APV:2008:5690 Id Cendoj: 46250370092008100374
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
15 December 2008
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. Dispute between two companies on the validity of an express submission clause to the British courts agreed by the parties in a multimodal transport contract. Claim for the damages caused in the goods that were transported to Spain.
Court decision: Spanish courts are competent to decide on the case. Art. 23 of Brussels I Regulation is not applicable in as much as the express submission clause is not valid for the first phase of the transportation (terrestrial).
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 NUMERO 2 DE VALENCIA (Spain) (First instance)
Date: 10-06-2008