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 which involves a Spanish employee who provides services in a Portuguese company based in Portugal.
Court decision: the court decides that Spanish courts must decline their jurisdiction in favour of Portuguese courts according to arts. 5.1 and 19.2 of Brussels I Regulation in as much as Portugal is the Member State where the employer is domiciled.
The court considered it proved that the company was based in Portugal and not in Spain as alleged by the claimant.
In order to decide, the court applies Brussels I Regulation provisions on special jurisdiction according to which a person domiciled in a Member State may, in another Member State, be sued in the case of the provision of services, in the place of the Member State where, under the contract, the services were provided or should have been provided.
Appeal history (not available in the database):
First instance court: Juzgado de lo Social Nº 4 de los de Vigo. Spain. Date: 16-12-2013
Second instance court: Sala de lo Social del Tribunal Superior de Justicia de Galicia. Spain. Date: 07-07-2014