PIL instrument(s)
Brussels I
Case number and/or case name
Esteve Santiago S.A.Roj: AAP VA 304/2011 - ECLI:ES:APVA:2011:304A Id Cendoj: 47186370012011200042
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph a
Article 23
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Date of the judgement
24 March 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 case. The matter of the case is a dispute on an express submission clause to German courts included in the General Conditions of Sale of a contract signed by the parties. Court decision: Spanish courts are not competent to decide on the case according to arts. 5.1 a) and 23 of Brussels I Regulation. The agreement on jurisdiction was performed in a written form and fulfils the requirements of arts. 23.1 a) and b) of that Regulation. Appeal history (not available in the database): Court decision: Juzgado de Primera Instancia nº 9 de Valladolid (Spain) (First instance) Date: 27-10-2010

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