Case number and/or case name
Lo. Translogística y Transporte. Roj: AAP BI 1359/2010 - ECLI:ES:APBI:2010:1359A Id Cendoj: 48020370042010200192
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
27 December 2010
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 (international maritime transport) case.
The matter of the case is a dispute over the damages caused by one of the parties (two comercial companies) and the validity of a clause of submission to The Netherlands courts included in a bill of lading who was agreed by the parties.
Court decision: Spanish courts are not competent to decide on the case in as much as the clause of submission is valid according to art. 23 of Brussels I Regulation. The court cites CJEU´s case law on the interpretation of art. 23 (agreement on jurisdiction included in a bill of lading).
In order to decide, the court makes an effective examination of the formal and material 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 LO MERCANTIL Nº 2 DE BILBAO (Spain) (First instance)
Date: 17-05-2010