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 courts of the Republic of Syria included in a contract between parties.
Court decision: Spanish courts are not competent to decide on the case according to the provisions of arts. 23 and 22 of Brussels I Regulation. The agreement fulfils all the formal requirements. The court cites CJEU´s case law in that sense.
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 1ª Instancia e Instrucción nº 01 de Móstoles (Spain) (First instance)
Court:26-03-2008