Case number and/or case name
Ecorede.Roj: STSJ AS 402/2013 - ECLI:ES:TSJAS:2013:402 Id Cendoj: 33044340012013100225
Summary
The matter of the following case is a labour dispute in Spain based on the application of Rome I Regulation provisions.
Key facts: A Spanish employee who works for a Portuguese company claims for the application of improvements in his temporary incapacity benefits. These improvements are not included in the Portuguese legislation which is the applicable law under Regulation (EC) 593/2008 (Rome I).
Court judgment: the appeal is rejected by the court. According to Regulation (EC) 593/2008 (Rome I) the law applicable to the case is the Portuguese one. As a consequence, the incapacity benefits claimed by the employee cannot be recognised by Spanish courts.
The court cites Recitals nº 34, nº 35 and nº 36; art. 8.1 and 8.2 of Rome I Regulation.
In order to decide, the court takes into account the uniform rules of Rome I Regulation on individual employment contracts, according to which 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 (Portuguese law).
Appeal history (not available in the database):
Court judgment: Juzgado de lo Social núm. 4 de los de Oviedo. Spain.
Date: 11-09-2012