Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a dispute between two travel and tourism companies concerning the payment of compensation to a family client. The parties agreed on a clause of submission to Britiss courts.
Court decision: Spanish courts are not competent to decide on the case. The court recognises the jurisdiction of British courts.
The express submission clause included in the contract and signed by the parties is valid according to art. 23.1 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):
Court decision: Juzgado de Primera Instancia número dos de los de Benidorm (Spain) (First instance)
Date: 04-10-2014