PIL instrument(s)

Case number and/or case name

Austrian Commerce Office.Roj: STSJ M 22231/2008 - ECLI:ES:TSJM:2008:22231 Id Cendoj: 28079340052008100823

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

19 November 2008

Appeal history

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 termination of employment of an Austrian employee working in the Austrian Chamber of Commerce in Madrid (Spain). Court decision: Spanish courts are competent to decide according to arts. 18.2, 19.1 and 19.2 of Brussels I Regulation (the employer has an establishment in Spain and the plaintiff has been working in Madrid, place where the court is located). The court applies Brussels I Regulation provisions on jurisdiction over individual contracts of employment that states that an employer domiciled in a Member State may be sued in the courts of the Member State where he is domiciled or in another Member State, in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so (Spain, in this particular case). Appeal history (not available in the database): Court decision: Juzgado de lo Social número 30 de los de Madrid (Spain) (First instance) Date: 09-05-2008