JP Morgan. Roj: STSJ M 5644/2009 - ECLI:ES:TSJM:2009:5644
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 3
Paragraph 1
Paragraph 2
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
SubParagraph a
Paragraph 7
SubParagraph b
Article 19
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
20 July 2009
Appeal history
None
CJEU's case law cited by the court
None
Summary
Conflict of jurisdiction raised before Spanish courts and based on the application of Brussels I Regulation provisions.
The matter of the case is a termination of employment. The employee is living in London and is working for a British bank based in the United Kingdom. From time to time, the services were provided in Spain, in an establishment of the bank in that country.
Court decision: the court comes to the conclusion that Spanish courts are not competent to decide on the case according to arts. 3, 5 and 19 of Brussels I Regulation. The court does not appreciate a sufficient connection with the Spanish jurisdiction.
In order to decide the court applies Brussels I Regulation provisions on jurisdiction over indivdual contracts of employment as well as general provisions on jurisdiction (domicile of the defendant) and special provisions on jurisdiction following which a person domiciled in a Member State may, in another Member State, be sued, in matters relating to a contract, in the courts for the place of performance of the obligation in question.
Appeal history (not available in the database)
Court decision: Juzgado de lo Social Número 17 de los de Madrid (Spain) (First instance)
Date: 06-10-2008