PIL instrument(s)
Brussels I
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
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: 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

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