Case number and/or case name
Rosendo vs. Natalia.Roj: STSJ M 8350/2006 - ECLI:ES:TSJM:2006:8350 Id Cendoj: 28079340062006100325
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
06 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 a labour dispute originated by the dismissal of a series of workers (teachers of Spanish) in a public education institution located in Ireland. The domicile of the defendant is in Spain. There is an express submission clause (Irish jurisdiction) included in the employment contract. A Spanish first instance court decided that Spain was not competent to decide on the case.
Court decision: Spanish courts are competent to decide according to arts. 2.1 and 18-21 of Brussels I Regulation. The express submission clause is not valid in as much as it was agreed before the controversy had arisen.
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the recognition of the validity of express clauses of submission.
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 10 de los de Madrid (Spain ) (First instance)
Date: 12-12-2005