Case number and/or case name
Agro Industrial G Capa S.A.Roj: AAP M 3925/2010 - ECLI:ES:APM:2010:3925A Id Cendoj: 28079370142010200048
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
21 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 on the validity of an express submission clause to Italian courts included in a contract between a Spanish company and an Italian one. A first instance Spanish court that decided previously on the case declined its jurisdiction.
Court decision: Spanish courts are not competent to decide on the case for the agreement on jurisdiction is valid according to art. 23 of Brussels I Regulation (none of the exceptions of art. 23.5 are applicable).
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 1ª Instancia nº 61 de Madrid (Spain) (First instance)
Date: 09-01-2009