Audiencia Provincial de Pontevedra, Sección 1ª, auto de 04/02/2010 26/2010
Decision by national courts in the field of European Union law — ECLI:ES:APPO:2010:117A
Date: 2010-02-04
Subject matter: Judicial cooperation in civil matters
Origin: Spain

82010ES0204(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
Within the scope of a contract for carriage, the claimant brought an action before the Juzgado de lo Mercantil of Pontevedra (ES) against a company which it had charged with the carriage for the compensation of damages which the goods had suffered during transit. The defendant challenged international jurisdiction based upon a jurisdiction clause in favour of the courts in Lisbon (PT) which was contained in the bill of lading. The Juzgado granted the challenge, whereupon the claimant lodged an appeal to the Audiencia Provincial of Pontevedra (ES) on the grounds, inter alia, that the action was based on the contract for carriage which included sea and road carriage and contained a jurisdiction clause in favour of the courts in Vigo (ES) and not on the bill of lading, which only proved the sea carriage.
The Audiencia Provincial of Pontevedra (ES) dismisses the appeal. It holds firstly that the jurisdiction clause within the meaning of Article 23 Brussels I Regulation in favour of the courts in Vigo (ES) was only printed on the reverse of the invoice with the result that it was not an agreement binding both parties to the contract of carriage. Since furthermore the mixed contract of carriage had been documented by the bill of lading and moreover the damage had occurred during the sea transport, the jurisdiction clause contained in the bill of lading must be applied to the action for damages. Finally, the application of Article 23 Brussels I Regulation is not excluded by reason of the fact that both parties belong to the same Member State.