Comment from AAP Barcelona N.º 128/2019 of May 8: provider contract and express submission clause to the Courts of Costa Rica

Abstract

In this dissertation, in line with Order Nº 128/2019 of 8 May 2019, the reasons that brought a Spanish company (contracted party), by a Costa Rican company (contracting party), to bring a lawsuit against the latter and its Spanish holding company –for an assumed non-compliance with a pro­vision contract– in the Spanish courts, using the general forum of the defendant’s domicile in accordance with Article 4 of Regulation (EU) Nº 1215/2012. The claimant based that decision on the application of the “lifting of the veil” doctrine. However –as can be seen throughout this document–, it was the claimant who attempted to avoid, on the basis of that doctrinal figure, an express submission clause to the courts of Costa Rica.