Case number and/or case name
Allianz Insurance Company. Roj: STS 4025/2012 - ECLI:ES:TS:2012:4025 Id Cendoj: 28079110012012100358
Details of the court
Spain, Third 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
30 May 2012
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: Claim for damages in the context of a commercial matters case of international maritime transport.
The matter of the case is the dispute on the validity of an agreement on jurisdiction to Arabia Saudi courts included in a bill of lading. The defendant is a company domiciled in Arabia Saudi.
Court decision: Brussels I Regulation is not applicable to the case for the defendant is not domiciled in a UE Member State. Art. 23 of that Regulation is not applicable anyway as asked by the plaintiff.
Appeal history (not available in the database):
Court decision: la Sección Cuarta de la Audiencia
Provincial de Bilbao (Spain) (First instance)
Date: 24-04-2009