Case number and/or case name
Iberma Pesquera S.A.R.L.Roj: STSJ ICAN 5489/2006 - ECLI:ES:TSJICAN:2006:5489 Id Cendoj: 35016340012006101579
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
03 December 2006
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 originated by the dismissal of a Moroccan worker in Spain. The employer is a transportation company from Mauritania with an establishment in Spain. The parties agreed on a jurisdiction clause before the dispute had arisen (included in the employment contract). A First instance court decided that Spanish courts were not competent to decide on the case (art. 21 of Brussels I Regulation).
Court decision: the court decides that Spanish courts are competent to decide on the case according to art. 2 of Brussels I Regulation (domicile of the defendant in Spain) and art. 18. 2 (establishment of the employer in Spain). The express submission clause in not applicable in this case (art. 21 of Brussels I Regulation).
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation concerning the validity of express caluses of submission.
Appeal history (not available in the database):
Court decision: Juzgado de lo Social Nº 4 de LAS PALMAS DE GRAN CANARIA
Date: 31-10-2005