ING Bank N.V. & Anor v Banco Santander S.A.

ING Bank N.V. & Anor v Banco Santander S.A.

The English court does not have jurisdiction because Santander did not succeed to Marme’s obligations under English law, there was no novation or succession, and the claim falls within the scope of the EU Insolvency Regulation, being directly derived from and closely connected to the conduct of Marme’s insolvency proceedings in Spain.

Parties
Claimant: ING Bank N.V.; Claimant: ING Bank N.V. Spanish Branch; Defendant: Banco Santander S.A.
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Commercial Court Financial List / Ruling on Jurisdictional Challenge and Stay Application
Outcome
Jurisdictional challenge succeeds; English court declines jurisdiction.
Legal Topics
Jurisdiction, Assumption of Liabilities, Novation, Exclusive Jurisdiction Clauses, Recognition of Foreign Judgments, EU Insolvency Regulation, Brussels Regulation
Insolvency Contract Private International Law Jurisdiction Assumption of Liabilities Novation Exclusive Jurisdiction Clauses Recognition of Foreign Judgments +2 more

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Parties

ING Bank N.V.

Claimant

ING Bank N.V. Spanish Branch

Claimant

Banco Santander S.A.

Defendant

Procedural Posture

Commercial Court Financial List / Ruling on Jurisdictional Challenge and Stay Application

Legal Issues

  1. 1 Does the English court have jurisdiction over the claim against Santander under Article 25 of the Brussels Regulation?
  2. 2 Does the claim fall within the scope of the EU Insolvency Regulation and thus outside the Brussels Regulation?
  3. 3 Did Sorlinda (now Santander) assume direct liability to ING under Spanish law for Marme’s obligations?

Ratio Decidendi

The English court does not have jurisdiction because Santander did not succeed to Marme’s obligations under English law, there was no novation or succession, and the claim falls within the scope of the EU Insolvency Regulation, being directly derived from and closely connected to the conduct of Marme’s insolvency proceedings in Spain.

Court Disposition

Jurisdictional challenge succeeds; English court declines jurisdiction.

Orders

  • Claim dismissed for lack of jurisdiction.
  • No stay granted on case management grounds.