PIL instrument(s)

Case number and/or case name

Banco Vitalicio y Marina S.A.Roj: AAP B 1553/2011 - ECLI:ES:APB:2011:1553A Id Cendoj: 08019370172011200024

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

14 February 2011

Appeal history

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 French courts included in a contract signed by the parties (a bank institution and an individual from Spain). 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. Even if the clause was included in a standard contract, it constitutes a practice well known by the parties in international commerce. 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 Primera Instancia 41 Barcelona (Spain) (First instance) Date: 23-04-2009