Continental Distribution S.A.. Roj: AAP B 4243/2010 - ECLI:ES:APB:2010:4243A Id Cendoj: 08019370042010200077
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
SubParagraph a
Paragraph 7
SubParagraph b
Date of the judgement
13 September 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Keyfacts: Commercial matters case.
The matter of the case is a dispute between two companies on the jurisdiction of the courts of two Member States (Spain and Italy) . The place of performance of the obligation was Italy. The parties agreed on an express submission clause to private international arbitrage.
Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case, according to art. 5 of Brussels I Regulation in as much as the place of performance of the obligation was Florence (Italy).
The agreement on jurisdiction to private international arbitrage cannot be taken into consideration.
The court applies Brussels I Regulation spacial provisions on jurisdiction in matters relating to a contract, which points to the Member State courts for the place of performance of the obligation in question.
Appeal history (not available in the database):
Court decision: Juzgado de Primera instancia num. 3 de Vilafranca del Penedés. (Spain) (First Instance).
Date: 16-12-2009