Case number and/or case name
Busquier Peaux Industries S.L.Roj: SAP A 1994/2013 - ECLI:ES:APA:2013:1994
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 26
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
14 May 2013
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.
The matter of the case is the validity of an agreement on jurisdiction to Italian courts included by the parties in an agency contract.
Court decision: the court examines arts. 24.1 and 26 of Brussels I Regulation and comes to the conclusion that Spanish court are competent to decide according to art. 24.1 of that Regulation. The defendant stood trial in Spain even if the Spanish court was not competent at the time the action was brought before justice (implied submission).
Appeal history (not available in the database):
Court decision: Juzgado de Primera Instancia nº 1 de la Ciudad de Elda (Spain) (First instance)
Date: 14-09-2011