Case number and/or case name
NH Hoteles. Roj: ATS 14835/2007 - ECLI:ES:TS:2007:14835A
Details of the court
Spain, Third Instance
Articles referred to by the court
Date of the judgement
10 October 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 an employee in Cuba. The employer, an Hotel company, is domiciled in Spain. The plaintiff alleges the existence of an express submission clause to the Cuban jurisdiction included in the employment contract (before the controversy had arisen).
Court decision: Spanish courts are competent to decide on the case according to art. 2.1 of Brussels I Regulation. The express submission clause cannot be taken into consideration (it was not agreed after the controversy had arisen according to art. 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: la Sala de lo Social del Tribunal Superior de Justicia de Madrid (Spain) (Second instance)
Date: 19-06-2006
Court decision: Juzgado de lo Social Nº 34 de los de Madrid (Spain) (First instance)
Date: 25-11-2005