PIL instrument(s)
Brussels I
Case number and/or case name
Mediterranean Shipping Canarias.Roj: AAP GC 2166/2011 - ECLI:ES:APGC:2011:2166A Id Cendoj: 35016370042011200173
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
19 October 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. The matter of the case is a conflict of jurisdiction between Spanish and British courts. Key facts: Commercial matters case. (international maritime transport). The matter of the case is a dispute on the validity of an agreement on jurisdiction included in a bill of lading. Court decision: the court comes to the conclusion that the express submission clause is valid. A a consequence, Spanish courts are not competent to decide on the case according to art. 23 of Brussels I Regulation. 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 Primera Instancia No. de lo Mercantil número 2 de Las Palmas (Spain) (First instance) Date: 22-03-2010

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