Case number and/or case name
Abelardo and Íñigo.Roj: STSJ M 20958/2007 - ECLI:ES:TSJM:2007:20958 Id Cendoj: 28079340062007100624
Details of the court
Spain, Second Instance
Articles referred to by the court
Date of the judgement
16 December 2007
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. An express submission clause to the Greek jurisdiction was included in the employment contract of the employees. The domicile of the defendant is Spain. The plaintiff initiated two judicial proceedings: the first one in Spain, the second one in Greece.
Court decision: the court decides that Spanish courts are competent to decide on the case according to arts. 19.1 and 27 of Brussels I Regulation.
The court applies Brussels I Regulation provisions on jurisdiction for individual contracts of employment, which points to the Member State courts where the emplyer is domiciled.
Appeal history (not available in the database):
Court decision: Juzgado de lo Social nº 38 de los de Madrid (Spain) (First instance)
Date: 03-04-2007