Case number and/or case name
Savino del Bene. Roj: SAP V 5819/2012 - ECLI:ES:APV:2012:5819 Id Cendoj: 46250370092012100472
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 December 2012
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: Commercial matters case (international maritime transport)
The matter of the case is a dispute on the validity of an agreement on jurisdiction to Italian courts included in a bill of lading.
Court decision: Spanish courts are competent to decide on the case. The validity of the agreement on jurisdiction was not proved according to art. 23 of Brussels I Regulation.
One of the parties was not aware of the inclusion of express submission clauses on jurisdiction in a bill of lading as a commerce use, for its activities are not related to international maritime commerce.
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 LO MERCANTIL NUMERO 3 DE VALENCIA (Spain) (First instance)
Date: 18-04-2012