Case number and/or case name
Mediterranean Shipping Company S.A.Roj: SAP TF 742/2010 - ECLI:ES:APTF:2010:742 Id Cendoj: 38038370042010100184
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
15 June 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 case.
The matter of the case is a dispute over international maritime transportation and the damages caused in goods by one of the parties (two commercial companies).
The parties included an express clause of submission to the jurisdiction of British courts in a bill of lading.
Court decision: the court decides that Spanish courts are not competent to decide on the case according to arts. 23 of Brussels I Regulation. The clause is valid in as much as it was performed according to international commerce uses.
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 lo Mercantil de Santa Cruz de Tenerife. (Spain) (First instance)
Date: 09-11-2009