Case number and/or case name
Autotransporti Martino SRL.Roj: STSJ AND 3985/2015 - ECLI:ES:TSJAND:2015:3985
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 19
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Rome I
Article 8
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
13 May 2015
CJEU's case law cited by the court
Summary
Conflict of jurisdiction in Spain based on the application of Brussels I Regulation provisions to the case.
The matter of the case is a labour dispute and a conflict of jurisdiction between Spanish and Italian courts.
Key facts: A Spanish worker sues an Italian company for unpaid salaries. The services were provided in Morocco and Italy (transportation of goods). The worker was hired by means of an oral contract in Spain. A first instance Spanish court declined its jurisdiction in favour of Italian courts, according to arts. 19 of Brussels I Regulation and 8 of Rome I Regulation.
Court decision: the first instance court decision must not be taken into account. The court estimates that Spanish courts are competent to decide on the case according to Spanish national law in as much as the contract between the Spanish worker and the Italian company was celebrated verbally in Spain.
The court does not applies the uniform rules of Rome I Regulation on individual employment contracts and bases its judgement on Spanish national law.
Appeal history (not included in the database):
First instance court: JUZGADO DE LO SOCIAL Nº11 DE MALAGA. Spain.
Date: 06-10-2014