Case number and/or case name
Sports Corporation Once Caldas.Roj: SAP BI 370/2011 - ECLI:ES:APBI:2011:370 Id Cendoj: 48020370042011100077
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
25 May 2011
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 ia a conflicto of jurisdiction between Spanish and Colombian courts. The parties agreed to submitt their dispute before Spanish courts. The agreement on jurisdiction was included in a consulting services contract signed by the parties.
Court decision: Spanish courts are competent to decide on the case in as much as the clause of submission rto the Spanish jurisdiction can be considered as valid according to art. 23 of Brussels I Regulation. The court cites CJEU´s case law on the validity of an agreement of jurisdiction on condition of an arrangement between parties.
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the enforcement of a foreign court decision delivered by another Member State.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº 2 de Bilbao (Spain) (First instance)
Date: 16-07-2010