PIL instrument(s)

Case number and/or case name

Mapfre Insurance Company. Roj: AAP B 1195/2009 - ECLI:ES:APB:2009:1195A

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

20 January 2009

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction raised before Spanish courts and resolved with the application of Brussels I Regulation provisions. Key facts: Commercial matters case. Dispute between two companies over an insurance contract in the field of international maritime commerce (transportation of goods). The matter of the case is a dispute on the validity of an agreement on jurisdiction to German courts agreed by the parties. Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case according to art. 23 of Brussels I Regulation. The court estimates the validity of the agreement on jurisdiction as it was performed according to international maritime commerce uses. The court also decides on the responsibility issue which reaches not only the vessel owner but also other intermediaries in charge with the goods which are to be transported. 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 Mercantil Cuatro de Barcelona. (Spain) (First instance) Date: 30-05-2008