Case number and/or case name
Spain AFS S.L.Roj: STSJ AND 12572/2009 - ECLI:ES:TSJAND:2009:12572 Id Cendoj: 41091340012009103552
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 71
Paragraph 1
Paragraph 2
SubParagraph a
Paragraph 2
SubParagraph b
Date of the judgement
09 December 2009
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 a labour dispute and a conflict of jurisdiction between Spain and USA courts. The application of a bilateral Convention between Spain and the USA is also discussed by the parties. The place where the services were provided by the employee was a USA military base located in Spain.
Court decision: Spanish courts are not competent to decide on the case according to art. 71 of Brussels I Regulation. The Bilateral Convention between Spain and the USA is applicable in first instance. As a consequence, the jurisdiction must be attributed to the USA courts.
In order to decide, the court applies the provisions of Brussels I Regulation related to the relations with other legal instruments.
Appeal history (not available in the database):
Court decision: Juzgado de lo Social nº 2 de los de Sevilla (Spain) (First instance)
Date: 24-02-2009