Case number and/or case name
Groupama Seguros (2).Roj: AAP M 14513/2011 - ECLI:ES:APM:2011:14513A Id Cendoj: 28079370282011200143
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 23
Paragraph 1
SubParagraph c
Date of the judgement
16 October 2011
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: Commercial matters case (international trade). The matter of the case is a dispute on an agreement on jurisdiction to French courts included in a bill of lading. The defendants are domiciled in Spain.
Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case. The clause of submission is valid according to art. 23.1 c) of Brussels I Regulation. The court cites Court of Justice of the European Union´s case law on the validity of agreements on jurisdiction included in bills of landing.
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 lo Mercantil nº 6 de Madrid (Spain) (First instance)
Date: 23-03-2011