EUPillar Spanish Ministry of Defence.Roj: STSJ M 758/2012 - ECLI:ES:TSJM:2012:758 Id Cendoj: 28079340012012100147

Summary

The matter of the case is a conflict of jurisdiction, an applicable law dispute, a labour dispute and a termination of employment. Key facts: A series of employees (civil local translators and interpreters) hired by the Spanish Ministry of Defence in Bosnia-Herzegovina claim against what they consider an unfair dismissal. A first instance court decided that Spanish law was not applicable to the case. The employees appeal against that first instance Spanish court decision. Court decision: the court estimates that the first instance Spanish court decision must not be taken into consideration. Even though art. 8.2 of Rome I Regulation states that when the law applicable to the individual employment contract has not been chosen by the parties, the contract shall be governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract (Bosnia-Herzegovina), the court finds that foreign law has not been sufficiently accredited and as a consequence, Spanish law is applicable to the case. The court makes an effective examination of the requirements for the validity of foreign law in Spanish proceedings. The court takes into account the uniform rules of Rome I Regulation on individual employment contracts. Appeal history (not included in the database): Court decision: Juzgado de lo Social número 27 de MADRID (Spain). (First instance). Date: 15-03-2011