PIL instrument(s)

Case number and/or case name

Foreign Affairs Spanish Ministry. Roj: STSJ M 6020/2014 - ECLI:ES:TSJM:2014:6020 Id Cendoj: 28079340042014100390

Details of the court

Spain, First Instance

Articles referred to by the court

Date of the judgement

04 December 2013

Appeal history

CJEU's case law cited by the court

Summary

The matter of the following case is a labour dispute iniciated by a series of employees (local workers) that habitually carried out their work at the Spanish General Consulate and Embassy in Rome who are dismissed by their employer. Key facts: The workers claim for their right to receive a compensation of 6.50 € per day (meal tickets) guaranteed by the local labour legislation (Italian law). Court decision: the court comes to the conclusion that, according to art. 8 of Rome I Regulation, the law applicable to the case is the Italian law (law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract). Nevertheless, the court remarks that according to the Italian civil code, the plaintiffs’ right to claim for compensation has been extinguish by the passing of time. In order to decide, the court examines the uniform rules of Rome I Regulation on individual employment contracts.