Case number and/or case name
Lubriauto S.A. Roj: AAP M 9471/2012 - ECLI:ES:APM:2012:9471A Id Cendoj: 28079370212012200196
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 22
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
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
26 June 2012
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a dispute on the validity of an agreement on jurisdiction to The Netherlands courts between the parties. A first instance Spanish court decided that The Netherlands courts were competent to decide on the case.
Court decision: The court examines arts. 23, 22 and 25 of Brussels I Regulation and concludes that Spanish courts cannot decline their jurisdiction without hearing the defendant, as established by Spanish national law.
The case must be transferred anew to the first instance court.
Appeal history (not available in the database):
Court decision: Juzgado de 1ª Instancia nº 2 de Coslada (Spain) (First instance)
Date: 27-10-2008