Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a maritime international transport controversy (damages caused in goods transported from Brasil to Europe) and a dispute on the validity of an agreement on jurisdiction to British courts included in a bill of lading.
Court decision: Spanish courts are not competent to decide on the case according to art. 23 of Brussels I Regulation. It has been proved that the agreement on jurisdiction was valid and performed according to commerce uses. The court cites CJEU´s case law in that sense.
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 nº 2 de Barcelona. (Spain) (First instance)
Date: 23-06-2008