PIL instrument(s)
Brussels I
Case number and/or case name
Camimalaga S.A.U.Roj: AAP M 1988/2013 - ECLI:ES:APM:2013:1988A
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
17 October 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions. Key facts: Commercial matters case. The matter of the case is a dispute on the validity of an agreement on jurisdiction between parties to The Netherlands courts. Court decision: Spanish courts are not competent to decide on the case according to art. 23 of Brussels I Regulation. The express submission clause is valid in as much as it was written and included in a contract agreed by the parties. Appeal history (not available in the database): Court decision: Juzgado de lo Mercantil nº 11 de Madrid (Spain) (First instance) Date: 04-05-2011

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