Case number and/or case name
HP Developments GMBH.Roj: AAP M 16616/2012 - ECLI:ES:APM:2012:16616A Id Cendoj: 28079370092012200257
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 23
Paragraph 1
SubParagraph a
Date of the judgement
10 October 2012
CJEU's case law cited by the court
Summary
Application of Brussels I and Brussels II a Regulations provisions to the enforcement of a foreign court decision in Spain.
Key facts: Commercial matters case.
The matter of the case is the enforcement of a German court decision in Spain and a dispute on the validity of an agreemnt on jurisdiction to German courts agreed by the parties.
Court decision: Spanish courts are not competent to decide in as much as the agreement on jurisdction is considered as valid by the court according to art. 23.1 a) of Brussels I Regulation. The agreement on jurisdiction is valid in as much as it was performed by means of a telephone call confirmed by a written letter signed by the parties.
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 clauses of submission.
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 91 de Madrid (Spain) (First instance)
Date: 18-04-2012