Case number and/or case name
Riedel Communications.Roj: STSJ M 5450/2015 - ECLI:ES:TSJM:2015:5450
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 19
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
23 April 2015
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
The matter of the case is a labour dispute and a conflict of jurisdiction. The claimant is an employee of a German company situated in Brazil. Employer and employee decided that common obligations were to be performed in Spain.
Court decision: The court includes the claimant in the scope of Recitals 13 and 14 of Brussels I Regulation.
Spanish courts are competent to decide on the case according to art. 19.2 of Brussels I Regulation (“An employer domiciled in a Member State may be sued in another Member State in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so”).
The court cites CJEU´s case law on clauses of submission (Date: 19-7-2012, Case C-154/11)
Appeal history (not available in the database):
First instance court: Juzgado de lo Social nº 26 de Madrid. Spain
Date: 19/09/2014