Case number and/or case name
Desarrollos urbanísticos Jiménez Álvarez. Roj: AAP SE 3521/2010 - ECLI:ES:APSE:2010:3521A Id Cendoj: 41091370062010200165
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
29 December 2010
CJEU's case law cited by the court
Summary
The matter of the case is a legal dispute related to the sale of an immovable property located in Portugal. The contract was signed in Spain and included an express submission clause to Spanish courts. A first instance Spanish court decided that Spain was not competent to decide on the case.
Court decision: the court decides that Spanish courts are competent to decide on the case according to art. 23 of Brussels I Regulation. The clause of submission was 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 de Primera Instancia nº 8 de Sevilla (Spain) (First instance)
Date: 15-04-2010