PIL instrument(s)

Case number and/or case name

Comisiones Obreras de Extremadura.Roj: STS 2306/2015 - ECLI:ES:TS:2015:2306

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

19 April 2015

Appeal history

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 defendant (a Spanish company) is sued by the Works Committee for a change in the contractual working conditions of 900 employees. Six of those 900 workers provide services out of Spain. Court decision: 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 the courts of the Member State where he is domiciled”, that is to say, Spain). In order to decide, the court applies Brussels I Regulation provisions on jurisdiction over individual contracts of employment. The court cites CJEU´s case law on the interpretation of the concept of “domicile of the defendant” (Date: 17-06-1992, Case Hante, C- 26/91; Date: 13-06-1993, case Mulos C-125/92; Date: 22-05-2008, case Glaxosmithkline and Laboratoires Glaxosmithkline, C-462/06.) Appeal history (not available in the database): First instance court: Sala de lo Social del Tribunal Superior de Justicia de Extremadura. Spain. Date:19-12-2013