EUPillar Spanish Ministry of Defence. Roj: STSJ M 758/2012 - ECLI:ES:TSJM:2012:758 Id Cendoj: 28079340012012100147

Summary

The matter of the following case is a conflict of jurisdiction and an applicable law dispute on the basis of Rome I Regulation provisions. The controversy also includes a labour dispute and a termination of employment transacted in Spain. Parties´s claim: a series of employees (civil local translators and interpreters) hired by the Spanish Ministry of Defence in Bosnia-Herzegovina claim against what they consider an unfair dismissal. Court judgment: Spanish courts are competent to decide on the case according to arts. 18 and 21 of Brussels I Regulation. Nevertheless, Spanish law is not applicable to the case according to art 8 of Rome I Regulation. The court estimates that the law applicable to the case is Bosnia-Herzegovina law (local law). The court applies Rome I provisions on individual employment contracts according to which these ones shall be governed by the law chosen by the parties and in absence of that choice, the contract shall be governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract (Bosnia -Herzegovina, in this particular case).