Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a labour dispute, a dispute on the validity of an express clause of submission and a conflict of jurisdiction between Spanish and Turkish courts.
Key facts: An employee of the Turkish Embassy in Spain brings his employer before Spanish justice for unfair dismissal. His contract included an express clause of submission to Turkish courts.
Court decision: Spanish courts are competent to decide on the case according to arts. 18 and 19 of Brussels I Regulation. Nevertheless, according to art. 27 of that Regulation, the court must decline its jurisdiction in favour of Turkish courts.
The court comes to the conclusion that the employee started before another legal proceeding in Turkey involving the same cause of action.
The court cites CJEU´s case law concerning the application of Brussels I Regulation to the relationships between European Member States and Third States, the validity of express clauses of submission and lis pendens (Date: 19-7-2012, Case C-154/11; Date: 27-2-2014, Case C-1/13).
Appeal history (not available in the database):
First instance court: JDO. DE LO SOCIAL N. 8 de MADRID. Spain.
Date: 24-3-2014