Case number and/or case name
Intercoastal Shipowners P &.Roj: AAP T 412/2010 - ECLI:ES:APT:2010:412A Id Cendoj: 43148370012010200036
Details of the court
Spain, First Instance
Articles referred to by the court
Brussels I
Article 23
Paragraph 1
SubParagraph c
Date of the judgement
13 April 2009
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a conflict of jurisdiction between Spanish and British courts.
Key facts: Commercial matters and maritime trade case.
The matter of the case is a dispute on the validity of an explicit clause of submission to British courts included in the general conditions of an insurance contract signed by the parties.
The certificate of insurance provided to the insured party does not expressly mention any clause of submission to British courts and only makes a reference to the general conditions of the contract.
Court decision: Spanish courts are not competent to decide on the case according to art. 23.1 c) of Brussels I Regulation (the Court accepts the validity of the general conditions of the maritime insurance contract published unilaterally by one of the parties -the insurance company-).
The court assumes the existence of a valid agreement on jurisdiction between parties contained in the general conditions of the insurance contract.