Case number and/or case name
Sulfernosa Transitarios S.L.Roj: AAP PO 117/2010 - ECLI:ES:APPO:2010:117A Id Cendoj: 36038370012010200038
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
03 February 2010
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a dispute between two commercial companies over international maritime transport. The parties agreed previously on an express submission clause to Portuguese courts included in a bill of lading.
Court decision: Spanish courts are not 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 court cites CJEU´s case law on the validity of this kind of agreement on jurisdiction.
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 Mercantil núm. 2 de Pontevedra (Spain) (First instance)
Date: 09-07-2009