Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: International maritime commerce case.
The matter of the case is a dispute on the validity of an express valuse of submission to British jurisdiction included in an insurance contract. The plaintiff objects and alleges the application of art. 6.1 of Brussels I Regulation based in the fact that the clause of submission was general clause imposed unilaterally in a bill of lading.
Court decision: the court decides that Spanish courts are not competent to decide on the case according to art. 23 of Brussels I Regulation. Art. 6.1 cannot be taken into consideration for the agreement on jurisdiction was 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 de Primera Instancia nº 12 de Madrid. (Spain) (First instance)
Date: 19-11-2007