Case number and/or case name
Castelao Productions.Roj: AAP B 730/2009 - ECLI:ES:APB:2009:730A
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
25 February 2009
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.
The matter of the case is a dispute on the validity of an express clause of submission to German courts. A first instance Spanish court decided that Spanish courts were not competent to decide on the case.
Court decision: Spanish courts are competent to decide on the case according to art. 3 of Brussels I Regulation in as much as the defendant´s domicile is in Spain.
The express submission clause is not applicable in this case because it expressly stated that the submission to German jurisdiction was not exclusive. The court cites CJEU´s case law on the restrictive interpretation of the application of an express submission clause.
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 Primera Instancia 5 Hospitalet de Llobregat (Spain (First instance)
Date: 17-07-2008