Case number and/or case name
Scuola Statale Italiana.Roj: STSJ M 14093/2015 - ECLI:ES:TSJM:2015:14093
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
15 November 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 conflict of jurisdiction and a labour dispute in which was involved a teacher who provided professional services in a private Italian school based in Spain.
Court decision: Spanish courts are competent to decide according to art. 19.2 of Brussels I Regulation (“An employer domiciled in a Member State may be sued in the courts of the Member State where he is domiciled or in another Member State in the courts for the place where the employee habitually carries out his work”).
In order to decide, the court applies Brussels I Regulation provisions on jurisdiction over individual contracts of employment.
Appeal history (not available in the database):
First instance court: Juzgado de lo Social nº 39 de Madrid. Spain.
Date: 31-10-2014