Equipos para manutención y obras S.A.Roj: AAP B 1021/2011 - ECLI:ES:APB:2011:1021A Id Cendoj: 08019370112011200042
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 2
Paragraph 1
Paragraph 2
Article 3
Paragraph 1
Paragraph 2
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
SubParagraph a
Paragraph 7
SubParagraph b
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
02 February 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: Commercial matters.
The matter of the case is a dispute on the validity of an agreement to Swiss courts on jurisdiction signed by the parties. The obligation should be performed in Spain. The defendants´ domicile is not located in Spain. A first instance court decided that Spain was not competent to decide on the case.
Court decision: Spanish courts are competent to decide on the case according to arts. 2, 3, 5 and Recitals 11 and 12 of Brussels I Regulation.
The express submission clause to Swiss courts agreed by the parties is not applicable in as much as Switzerland is not a UE Member State.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 6 de Rubí. (Spain) (First instance)
Date: 19-04-2010