Case number and/or case name
Lo. Translogística. Roj: AAP BI 993/2011 - ECLI:ES:APBI:2011:993A Id Cendoj: 48020370042011200124
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
09 February 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 maritime transport)
The matter of the case is a dispute on the validity of an express submission clause to The Netherlands courts included in a bill of lading.
Court decision: Spanish courts are not competent to decide on the case in as much as the clause of submission agreed by the parties can be considered as valid according to art. 23 of Brussels I Regulation. The court cites CJEU´s case law on the validity of express submissions clauses included in bills of lading.
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 1 DE BILBAO (Spain) (First instance)
Date: 18-06-2010