Audiencia Provincial Barcelona, Sección 1ª, auto de 17/03/2010 72/2010
Decision by national courts in the field of European Union law — ECLI:ES:APB:2010:1310A
Date: 2010-03-17
Subject matter: Brussels Convention of 27 September 1968
Origin: Spain

82010ES0317(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A Mexican company brought an action before the Juzgado de Primera Instancia of Granollers (ES) against a company registered there for payment of a certain money sum under an agency agreement. The defendant challenged the international jurisdiction of the court. The Juzgado granted the challenge and held that it lacked jurisdiction in favour of the courts in Escatepec (a state in Mexico). The judgment was based upon the rules for local jurisdiction in the Spanish law on agency agreements, since the domicile of the agent was in Mexico. The claimant lodged an appeal to the Audiencia Provincial of Barcelona (ES).
The Audiencia Provincial of Barcelona (ES) grants the appeal. The Spanish law on agency agreements is not applicable since it exclusively governs local jurisdiction but not international jurisdiction. In relation to the applicability of the convention existing between Spain and Mexico, it is held that this also does not govern international jurisdiction, but rather exclusively contains rules relating to the recognition and enforcement of foreign judgments, wherefore regarding rules of jurisdiction reference must be made to the Brussels Convention. According to the jurisprudence of the ECJ, pursuant to Article 2 Brussels Convention the Juzgado de Primera Instancia may not declare that it lacks jurisdiction with reference to the principle of forum non conveniens if it is of the view that the courts of a third State are better suited to hear the dispute.