Case number and/or case name
NH Hotels S.A.Roj: STSJ M 8360/2006 - ECLI:ES:TSJM:2006:8360 Id Cendoj: 28079340062006100335
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
18 June 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 the dismissal of a worker in Cuba by a Spanish employer (NH Hotels S.A). The plaintiff alleges the validity of an express submission clause to the Cuban courts. The employer´s domicile is in Spain.
Court decision: the court decides that Spanish courts are competent to decide on the case according to art. 2.1 and arts. 18 to 21 of Brussels I Regulation.
The court applies Brussels I Regulation general provisions on jurisdiction, which points to the Member State courts where the person sued is domiciled.
Appeal history (not available in the database):
Court decision: Juzgado de lo Social nº 34 de los de Madrid (Spain) (First instance)
Date: 25-11-2005