PIL instrument(s)

Case number and/or case name

Mapfre Insurance Company (2).Roj: AAP M 17378/2010 - ECLI:ES:APM:2010:17378A Id Cendoj: 28079370282010200159

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

17 November 2010

Appeal history

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 (International maritime transport). The matter of the case is a dispute between two commercial companies on international jurisdiction. One of the defendants is domiciled in Spain. The parties agreed on an express submission clause to British jurisdiction. The plaintiff objects, appeals and alleges the absence of the docker´s signature in order to declare the invalidity of the clause of submission. Court decision: Spanish courts are not competent to decide on the case according to art. 23 of Brussels I Regulation. The clause was performed according to international commerce uses. The allegations of the plaintiff cannot be taken into consideration. The court cites CJEU´s case law on the validity of express submission clauses. 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 nº 8 de Madrid (Spain) (First instance) Date: 24-11-2009