PIL instrument(s)

Case number and/or case name

Instituto Italiano.Roj: STSJ CAT 7285/2014 - ECLI:ES:TSJCAT:2014:7285

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

25 July 2014

Appeal history

CJEU's case law cited by the court

Summary

The matter of the following case is a labour dispute and a termination of employment in Spain based on the application of Rome I Regulation provisions. Key facts: A series of employees (Italian teachers) that habitually carried out their work in an official Italian academic institution situated in Spain are dismissed by their employer. The workers claim for their readmission. A first instance Spanish court ruled in favour of the plaintiffs. The employer, the “Istituto italiano statale comprensivo di scuola elementare e secondaria di I e II grado” appeal. Court decision: the appeal is rejected by the court. The law applicable to the case is the Spanish one according to arts. 8.1 and 8.2 of Rome I Regulation. The court applies the provisions of Rome I Regulation on the law applicable to an individual employment contract when the law has not been chosen by the parties. In such a case, the law applicable is the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract. Appeal history: Court decision: Juzgado Social n. 27 Barcelona. Spain. (first instance) Date: 31-07-2013