Case number and/or case name
Iberma Pesquera S.A.R.L.Roj: STSJ ICAN 5489/2006 - ECLI:ES:TSJICAN:2006:5489
Details of the court
Spain, First Instance
Articles referred to by the court
Date of the judgement
30 October 2005
CJEU's case law cited by the court
Summary
Conflict of jurisdiction resolved on the basis of Brussels I Regulation provisions.
The matter of the case is a labour dispute based on the dismissal of a Moroccan worker. The employer (a transport company from Mauritania) has an establishment in Spain. The parties agreed on a clause of jurisdiction to Spanish courts, presumably before the conflict had arisen, which was included in the employment contract of the Moroccan worker.
Court decision: Spanish courts are not competent to decide on the case according to art. 21 of Brussels I Regulation.
The court estimates that the agreement on jurisdiction signed by the parties did not entered into after the dispute has arisen.