Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: Commercial matters case (international maritime transport) . The parties, two commercial companies agrred on an express submission clause to British courts that was included in the general clauses of a contract of insurance.
Court decision: the court applies the provisions on jurisdiction for a contract of insurance contained in Brussels I Regulation (arts. 13.5 and 14).
The agreement on jurisdiction between parties does not fulfil the requirements of art. 23 of Brussels I Regulation (the party was not aware of the general clauses of the contract of insurance for they were not provided together with the contract; furthermore the inclusion of an agreement on jurisdiction in the general clauses of a contract of insurance is not a practice in accordance with international commerce uses -the court cites CJEU´s case law in that sense-).
Finally, the court comes to the conclusion that Spanish courts are competent to decide on the case according to art. 9.1 b) of Brussels I Regulation (defendant´s domicile in Spain).
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº 7 de Tarragona (Spain) (First instance)
Date: 14-04-2009