Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a dispute on the validity of an express clause of submission included in a contract signed by the parties The clause of submission attributed jurisdiction to Spanish courts. The defendant´s domicile is in Austria.
Court decision: Spanish courts are competent to decide on the case in as much as the clause of submission can be considered as valid according to art. 23 of Brussels I Regulation. The consent of one of the parties was proved to be valid even if it was given by means of a representative. The court cites in its judgement some Court of Justice of the European Union´s case law in that sense.
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 Primera Instancia nº 1 de Barcelona (Spain) (First instance)
Date: 03-09-2007