Case number and/or case name
Marflet Marine. Roj: SJSO 160/2014 - ECLI:ES:JSO:2014:160
Details of the court
Spain, First Instance
Articles referred to by the court
Rome I
Article 8
Paragraph 2
Paragraph 3
Paragraph 4
Date of the judgement
29 September 2014
CJEU's case law cited by the court
Summary
The matter of the case is a labour dispute in Spain based on the application of Rome I Regulation provisions.
Key facts: A deck officer who habitually carried out his work in a Cypriot ship sues his employer (a Spanish company) for unfair dismissal. The employee claims for the application of Cypriot law.
Court decision: the court comes to the conclusion that the employee dismissal was not unfair.
According to art. 8.2, art 8.3 and art. 8.4 of Rome I Regulation, the law applicable to the case is Spanish law in as much as it was proved that the real and closest links of the labour contract existed with Spanish law and not with Cypriot law.
The court makes an effective interpretation of the uniform rules of Rome I Regulation on individual employment contracts.