Case number and/or case name
Tele Atlas Iberia S.L.Roj: AAP B 1459/2009 - ECLI:ES:APB:2009:1459A Id Cendoj: 08019370162009200066
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
30 March 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 the courts of The Netherlands included in a contract signed by the parties. Spain was the place where the obligation was performed.
Court decision: Spanish courts are not competent to decide on the case according to art. 23 of Brussels I Regulation. The clause of submission is considered as valid by the court.
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 8 Barcelona (Spain) (First instance)
Date: 28-03-2008