Case number and/or case name
Amanda vs JESSEN LTDA.Roj: STSJ GAL 2271/2006 - ECLI:ES:TSJGAL:2006:2271 Id Cendoj: 15030340012006101167
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 19
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
29 November 2006
CJEU's case law cited by the court
Summary
Conflict of jurisdiction resolved with the application of Brussels I Regulation provisions.
The matter of the case is a labour dispute based on the dismissal of a Portuguese employee by a Portuguese transportation company. The services were provided in Portugal.
Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case. None of the requirements of arts. 19.1 and 19.2, 18.1, 18.2 and 5.5 of Brussels I Regulation are fulfilled.
In order to decide, the court examines the rules on jurisdiction as regards a dispute arising out of the operations of a branch, agency or other establishment as well as the provisions on jurisdiction in matters relating to individual contracts of employment.
Appeal history (not available in the database):
Court decision: Juzgado de lo Social núm. CUATRO DE VIGO
Date: 12-07-2006