Case number and/or case name
Zurich España. Roj: AAP M 21417/2012 - ECLI:ES:APM:2012:21417A Id Cendoj: 28079370282012200177
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
20 December 2012
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Keyfacts: Commercial matters (international maritime transport)
The matter of the dispute is the validity of an . agreement on jurisdiction to the British courts included in a bill of lading.
Court decision: Spanish courts are not competent to decide in as much as the clause of submission included in the bill of lading is considered as valid by the court according to art. 23 of Brussels I Regulation.
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):ourt decision: Juzgado de lo Mercantil nº 5 de Madrid (Spain) (First instance)
Date: 16-12-2010