Audiencia Provincial de Barcelona, Sección 1ª, auto de 29/03/2010 156/2010
Decision by national courts in the field of European Union law — ECLI:ES:APB:2010:3097
Date: 2010-03-29
Subject matter: Brussels Convention of 27 September 1968
Origin: Spain

82010ES0329(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant sued two companies, one of whichis domiciled in Granada (ES), the other in Vienna (AT), before the Juzgado de Primera Instancia of Barcelona (ES). The claimant demanded payment of several invoices for services rendered by it. The court granted the action and ordered the defendants to pay a certain money sum for the purpose of satisfying the invoices in question. The defendants lodged an appeal to the Audiencia Provincial of Barcelona (ES). Inter alia, they argued that the Spanish courts lacked jurisdiction because the jurisdiction agreement upon which claimant grounded international jurisdiction was invalid because it was not signed by a person with the authority to do so.
The Audiencia Provincial of Barcelona (ES) grants the appeal in part and reduces the judgment sum. With regard to jurisdiction, it holds that the jurisdiction agreement is valid pursuant to Article 23 Brussels I Regulation. Although it finds that the person who signed the document was not authorised to do so, nonetheless, it finds that his acts were ratified by the person who indeed was authorised to bind the defendant, because according to the applicable substantive law the legal transaction concluded by the agent binds the principal in the absence of implied or express contradiction by the principal, even if it was no longer covered by the power granted. Therefore, the agreement on the jurisdiction clause was valid, and the courts in Barcelona (ES) have jurisdiction.