Case number and/or case name
Ferrol Transportes S.A.Roj: STSJ CLM 2981/2007 - ECLI:ES:TSJCLM:2007:2981
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 28
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
26 September 2007
CJEU's case law cited by the court
Summary
Conflict of jurisdiction based on the application of Brussels I Regulation provisions.
Key facts: conflict of jurisdiction between Spain and Portugal.The matter of the case is a labour dispute based on a claim for payment by an Ukrainian employee working in Portugal. The defendants are domiciled in Portugal and Spain.
Court decision: the court decides that Spanish courts are competent to decide according to arts. 6.1 and 28 of Brussels I Regulation. The court takes into account the domicile in Spain of one of the defendants and the proximity criteria.
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 3 de Albacete (Spain) (First instance)
Date: 23-11-2005